Madras High CourtWP/34877/2022disposed of

A.Radhakrishnan v. The Secretary To Government

2024-06-06Honourable The Acting Chief Justice,Honourable Mr Justice Mohammed Shaffiq8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.06.2024 CORAM :

THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ A.Radhakrishnan .. Petitioner Vs 1 The Secretary to Government Revenue Department Secretariat Chennai - 600 009 2 The Secretary to Government Environment and Forests Department Secretariat, Chennai - 600 009.

3 The Commissioner of Revenue Administration Chepauk, Chennai - 600 005.

4 The Secretary Animal Welfare Board Thiruvanmiyur Chennai - 600 041.

5 The District Executive Magistrate/Collector,

6 The Taluk Executive Magistrate/Tahsildar Manakadu, Salem - 7.

7 The Commissioner of Police Line Medu, Salem - 636 006.

8 The Deputy Inspector General of Police Salem - 636 007.

9 The Superintendent of Police Prohibition and Enforcement Wing Salem.

10 The Deputy Superintendent of Police Q Branch CID, Vellur.

11 The Conservator of Forests Kumarasamypatti, Salem - 636 007.

12 The Divisional Officer Fire and Rescue Department Sankar Nagar, Salem - 636 007.

13 The Assistant Director of Survey and Land Records Collectorate, Salem - 636 001.

14 The Assistant Director of Panchayats Collectorate, Salem - 636 001.

15 The Joint Commissioner Hindu Religious and Charitable Endowments Department Arulmigu Kottai Mariamman Temple Campus 16 The Tourism Officer Collectorate,

17 The Superintending Engineer Highways Department Constructions and Maintenance Wing Kuranguchavadi, Salem - 636 005.

18 The Superintending Engineer Tamil Nadu Generation and Distribution Corporation Limited Udayapatty, Salem - 636 014.

19 The District Environmental Engineer Tamil Nadu Pollution Control Board Meyyanur, Salem - 636 005.

20 The Present Administrator Arulmigu Irutukal Muniappan Temple Valaiyakaranur, Salem Taluk and District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 5th respondent to constitute a committee consisting of all the relevant officials to protect the interest of 20th respondent temple and surrounding forests area by considering petitioner's representation dated 05.06.2022. For the Petitioner : No appearance For the Respondents : Mr.A.Edwin Prabakar State Government Pleader for respondents 1 to 6, 11 to 14 and 17 to 19 : Mr.N.R.Arun Natarajan Special Government Pleader for respondents 15 and 20

: Mr.R.Muniyapparaj Addl. Public Prosecutor for respondents 7 to 10

ORDER

(Order of the Court was made by the Hon'ble Acting Chief Justice) There is no representation on behalf of the petitioner (party in person). Heard Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 to 6, 11 to 14 and 17 to 19; Mr.N.R.Arun Natarajan, learned Special Government Pleader for respondents 15 and 20; and Mr.R.Muniyapparaj, learned Additional Public Prosecutor for respondents 7 to 10.

2. The prayer in the writ petition is to safeguard the interest of the 20th respondent temple and the surrounding forest area on the basis of the representation of the petitioner dated 5.6.2022. The allegation made by the petitioner in the said representation is that the forest land is being encroached and the temple properties are not maintained properly.

3. Learned State Government Pleader refuted the allegations

made in the writ petition.

4. Learned Special Government Pleader appearing on behalf of the Hindu Religious and Charitable Endowments Department submitted that the temple in question is not under the control of the Hindu Religious and Charitable Endowments Department and the same is a private temple.

5. In view of the divergent stand taken by the parties, we are inclined to direct respondents 1, 2 and 15 to consider the representation of the petitioner dated 5.6.2022 and pass appropriate orders purely on merits and in accordance with law, preferably within twelve weeks.

The writ petition is disposed of accordingly. There shall be no order as to costs.

(R.M.D., ACJ.) (M.S.Q., J.) 06.06.2024 Index :

Yes/No NC :

Yes/No sasi

To:

1 The Secretary to Government Revenue Department Secretariat Chennai - 600 009 2 The Secretary to Government Environment and Forests Department Secretariat, Chennai - 600 009.