Madras High CourtWP(MD)/10034/2009disposed of

P.Kalaiselvi v. The Commissioner,

2023-10-30Honourable Mr Justice S.M. Subramaniam,Honourable Mr Justice V. Lakshminarayanan19 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Special Original Jurisdiction Thursday, the Twenty Second day of February Two Thousand and Twenty Four PRESENT The Hon`ble Mr.Justice D.KRISHNAKUMAR AND The Hon`ble Mr.Justice R.VIJAYAKUMAR WP(MD)Nos.10034 of 2009,26196 to 26200 of 2022,13969,14525 to 14531,15157 to 15167 of 2023 and 19824 of 2021 and Cont.P.(MD)No.421 and 932 of 2013 WP(MD). 10034/ 2009:- P.Kalaiselvi

1. The Commissioner, Karaikudi.

2. The Director, Town & Country Planning, Anna Salai, Chennai.

... Respondents Prayer :

1. Kamalam ... Petitioner in WP(MD).26196/2022

2. R.Angusamy ... Petitioner in WP(MD).26197/2022

3. A.Manimegalai ... Petitioner in WP(MD).26198/2022

4. Muneeswari ... Petitioner in WP(MD).26199/2022

5. Raman Andi ... Petitioner in WP(MD).26200/2022

1. The Commissioner , Hindu Religious and Charitable Endowments, Chennai 600034.

2. The Joint Commissioner , Hindu Religious and Charitable Endowments, Sivagangai District.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Paramakudi, Ramanathapuram District.

4. The Executive Officer , Arul Migu Suyampirakasa Eswarar Thiru Kovil, Iluppaikudi, Karaikudi Taluk, Sivagangai District.

...Respondents in all WPs

Common Prayer :

Writ Petitions are filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records pertaining to the Impugned Notice in Na. Ka. No. 29 / 1432 - 2022, 50 / 1432 - 2022, 25 / 1432 - 2022, 40/1432-2022 and 21/1432-2022 respectively dated 12.09.2022 on the file of the Respondent No.4 and quash the same as illegal . WP(MD). 13969/ 2013:- 1.Jeyaraj 2.Mookan 3.Krishnan 4.M.Pandi 5.K.Thathinamoorthy 6.Arumugam Ammal 7.Meenal 8.Valli 9.S.Manavalan

10.Karuppaiah 11.Muthukumar 12.Muthulakshmi 13.Vasanthi 14.Muthusamy 15.C.Ganeshan

16. Mallika 17.Kumara Guru Pandian 18.Thangaraj 19.Sasikumar 20.Sumathi 21.Muthumari 22.Thatchinamoorthy 23.Muniyasamy 24.R.Pandi 25.Senhilkumar 26.Mariyappan 27.Thamilarasi 28.Rasathi 29.Ramu 30.Subramanian 31.Tamilarasan 32.Meenal 33.Fathima Mery 34.Valli 35.Muthulakshmi 36.Manimekalai 37.Vasantha 38.Sornavalli 39.Indhira 40.Subramani

1. The Commissioner, Sivagangai District.

2. The Special Officer, No.A1321, Cooperative Society (Housing), Subramaniyapuram, Karaikudi, Sivagangai District.

... Respondents

Prayer :

Court To issue a Writ of Certiorarified Mandamus, calling for the records relating to the order made in Na.Ka.No. 4588/2008/F2 dated 08.08.2013 by the 1st respondent herein and quash the same and consequently to forbear the 1st respondent from demolishing the petitioner s residential house in T.S No. 1339 at 3rd ward, Soodamanipuram, Karaikudi Town, Karaikudi Taluk, Sivagangai District within the period that may be stipulated by this Court.

WP(MD). 14525/ 2013:- Lakshmi Narayanan, The Commissioner, Karaikudi, Sivagangai District.

... Respondent Prayer in WP(MD). 14525/ 2013 :

Court To issue a Writ of Certiorari, calling for the records of Impugned Notice in Na.ka.no. 6970/1998/F2 dated 08/08/2013 issued by the Respondent and quash the same.

WP(MD). 14526/ 2013:- M. Somasundaram, The Commissioner , Karaikudi, Sivagangai District.

... Respondent Prayer in WP(MD). 14526/ 2013 :

Court To issue a Writ of Certiorari, calling for the records of Impugned Notice in Na.Ka.No.6970/1998/F2 dated 08.08.2013 issued by the Respondent and quash the same.

WP(MD). 14527/ 2013:- Ayyasamy, The Commissioner, Karaikudi, Sivagangai District ... Respondent

Prayer :

Court To issue a Writ of Certiorari, calling for the records of Impugned Notice in Na.ka.no. 6970/1998/F2 dated 08/08/2013 issued by the Respondent and quash the same.

WP(MD). 14528/ 2013:- The Dharmasastha Thirumana Mandapam, through its Administrator Lakshmi Narayanan, The Commissioner, Karaikudi, Sivagangai District.

... Respondent Prayer :

Court To issue a Writ of Certiorari, calling for the records of Impugned Notice in Na.Ka.No.6970/1998/F2 dated 08.08.2013 issued by the Respondent and quash the same.

WP(MD). 14529/ 2013:- Chidambaram Chettiar, The Commissioner, Karaikudi, Sivagangai District.

... Respondent Prayer :

Court To issue a Writ of Certiorari, calling for the records of Impugned Notice in Na.ka.no. 6970/1998/F2 dated 08/08/2013 issued by the Respondent and quash the same.

WP(MD). 14530/ 2013:- Subramanian, The Commissioner, Karaikudi, Sivagangai District.

... Respondent

Prayer:

Article 226 of the Constitution of India, praying this Court To issue a Writ of Certiorari, calling for the records of Impugned Notice in Na.Ka.No.6970/1998/F2 dated 08.08.2013 issued by the Respondent and quash the same. WP(MD). 14531/ 2013:- Veluchamy, The Commissioner, Karaikudi, Sivagangai District.

... Respondent Prayer :

Court To issue a Writ of Certiorari, calling for the records of Impugned Notice in Na.ka.no. 6970/1998/F2 dated 08/08/2013 issued by the Respondent and quash the same.

WP(MD). 15157/ 2013:- T. Periyar Muthu,

1. The Government of Tamil Nadu, Represented by the Secretary, Department of Municipal and Local Administration, Fort St. George, Chennai.

2. The Govt. of Tamil Nadu, Rep. by the Secretary, Dept. of Hindu Religious and Charitable Endowment, Fort St. George, Chennai.

3. The Commissioner, Karaikudi, Sivagangai District.

... Respondents Prayer :

District and quash the same as illegal and consequently direct the Respondent No.1 and 2 to enquire into the transfer of land belonging to HR & CE to Respondent No.3 without the permission of Respondent No.2.

WP(MD). 15158/ 2013:- R. Meenal,

1. The Government of Tamil Nadu, Represented by the Secretary, Department of Municipal and Local Administration, Fort St. George, Chennai - 9.

2. The Govt. of Tamil Nadu, Rep. by the Secretary, Dept. of Hindu Religious and Charitable Endowment, Fort St. George, Chennai.-9.

3. The Commissioner, Karaikudi, Sivagangai District ... Respondents Prayer :

Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the Proceedings of the impugned notice in Na.Ka.No.6970/1998/F2 passed by the Respondent No.3 dated 08.08.13 in respect of the Town Survey No.429/Part and 1339/Part, situated in Survey Ward No.3 in Karaikudi Municipality, Sivagangai District and quash the same as illegal and consequently direct the Respondent No.1 and 2 to enquire into the transfer of land belonging to HR & CE to Respondent No.3 without the permission of Respondent No.2.

WP(MD). 15159/ 2013:- P. Mani,

1. The Government of Tamil Nadu, Represented by the Secretary, Department of Municipal and Local Administration, Fort St. George, Chennai-9

2. The Govt. of Tamil Nadu, Rep. by the Secretary, Dept. of Hindu Religious and Charitable Endowment, Fort St. George, Chennai -9

3. The Commissioner, Karaikudi, Sivagangai District.

... Respondents Prayer :

WP(MD). 15160/ 2013:- C. Pandian,

1. The Government of Tamil Nadu, Represented by the Secretary, Department of Municipal and Local Administration, Fort St. George, Chennai-9

2. The Govt. of Tamil Nadu, Rep. by the Secretary, Dept. of Hindu Religious and Charitable Endowment, Fort St. George, Chennai-9

3. The Commissioner, Karaikudi, Sivagangai District.

... Respondents Prayer :

WP(MD). 15161/ 2013:- S. Savithiri,

1. The Government of Tamil Nadu, Represented by the Secretary, Department of Municipal and Local Administration, Fort St. George, Chennai-9

2. The Govt. of Tamil Nadu, Rep. by the Secretary, Dept. of Hindu Religious and Charitable Endowment, Fort St. George, Chennai-9

3. The Commissioner, Karaikudi, Sivagangai District.

... Respondents Prayer :

WP(MD). 15162/ 2013:- G. Sridevi,

1. The Government of Tamil Nadu, Represented by the Secretary, Department of Municipal and Local Administration, Fort St. George, Chennai.

2. The Govt. of Tamil Nadu, Rep. by the Secretary, Dept. of Hindu Religious and Charitable Endowment, Fort St. George, Chennai.

3. The Commissioner, Karaikudi, Sivagangai District.

... Respondents

Prayer in WP(MD). 15162/ 2013 :

WP(MD). 15163/ 2013:- D. Thangammal,

1. The Government of Tamil Nadu, Represented by the Secretary, Department of Municipal and Local Administration, Fort St. George, Chennai-9

2. The Govt. of Tamil Nadu, Rep. by the Secretary, Dept. of Hindu Religious and Charitable Endowment, Fort St. George, Chennai-9

3. The Commissioner, Karaikudi, Sivagangai District.

... Respondents Prayer :

Court to issue a Writ of Certiorarified Mandamus, calling for the records relating to the Proceedings of the impugned notice in Na.Ka.No.6970/1998/F2 passed by the Respondent No.3 dated 08.08.13 in respect of the Town Survey Nos.429/Part and 1339/Part, situated in Survey Ward No.3 in Karaikudi Municipality, Sivagangai District and quash the same as illegal and consequently direct the Respondent No.1 and 2 to enquire into the transfer of land belonging to HR & CE to Respondent No.3 without the permission of Respondent No.2 and pass such further or other orders as this Honble Court.

WP(MD). 15164/ 2013:- R. Thusnavi,

1. The Government of Tamil Nadu, Represented by the Secretary, Department of Municipal and Local Administration, Fort St. George, Chennai-9

2. The Govt. of Tamil Nadu, Rep. by the Secretary, Dept. of Hindu Religious and Charitable Endowment, Fort St. George, Chennai-9

3. The Commissioner, Karaikudi, Sivagangai District.

... Respondents Prayer :

WP(MD). 15165/ 2013:- S. Visalachi,

1. The Government of Tamil Nadu, Represented by the Secretary, Department of Municipal and Local Administration, Fort St. George, Chennai.

2. The Govt. of Tamil Nadu, Rep. by the Secretary, Dept. of Hindu Religious and Charitable Endowment, Fort St. George, Chennai.

3. The Commissioner, Karaikudi, Sivagangai District.

... Respondents

Prayer :

Court To issue a Writ of Certiorarified Mandamus, calling for the records relating to the Proceedings of the impugned notice in Na.Ka.No.6970/1998/F2 passed by the Respondent No.3 dated 08.08.13 in respect of the Town Survey Nos.429/Part and 1339/Part, situated in Survey Ward No.3 in Karaikudi Municipality, Sivagangai District and quash the same as illegal and consequently direct the Respondent No.1 and 2 to enquire into the transfer of land belonging to HR & CE to Respondent No.3 without the permission of Respondent No.2 and pass such further or other orders as this Honble Court.

WP(MD). 15166/ 2013:- J. Elizabadh,

1. The Government of Tamil Nadu, Represented by the Secretary, Department of Municipal and Local Administration, Fort St. George, Chennai-9

2. The Govt. of Tamil Nadu , Rep. by the Secretary, Dept. of Hindu Religious and Charitable Endowment, Fort St. George, Chennai-9

3. The Commissioner, Karaikudi, Sivagangai District.

... Respondents Prayer :

WP(MD). 15167/ 2013:- S. Jaya,

1. The Government of Tamil Nadu, Represented by the Secretary, Department of Municipal and Local Administration, Fort St. George, Chennai-9

2. The Govt. of Tamil Nadu, Rep. by the Secretary, Dept. of Hindu Religious and Charitable Endowment, Fort St. George, Chennai-9

3. The Commissioner, Karaikudi, Sivagangai District.

... Respondents Prayer :

WP(MD). 19824/ 2021:

Periyarmuthu.T

1. The Commissioner, Hindu Religious and Charitable Endowments, Chennai-600034.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments, Sivangangai.

3. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Paramakudi, Ramanathapuram District.

4. The Executive Officer , Arulmigu Koppudainayagi Amman Thiru Kovil, Karaikudi Town, Sivagangai District.

5. The Fit Person , Arulmigu Suyamprakasa Easwarar Temple, Elupakkudi Devasthanam, Eluppakkudi Village, Karaikudi, Sivagangai District.

... Respondents (R5 is Implead Vide Court Order Dated 22/11/21in WMP(MD). 17283/21 in WP (MD)19824/21)

Prayer :

Court To issue a Writ of Mandamus forbearing the Respondent No.4 from collecting the floor rent from the petitioner residing at D.No.13, Pandi Kovil Street, Karaikudi Municipality, Sivagangai District without following the due process of law and pass such further or others orders as this Court . CONT P(MD). 421/ 2013:- L.Gowri Mr.Mariappan, Commissioner Incharge, Karaikudi, Sivagangai.

... Respondent Prayer in CONT P(MD). 421/ 2013 :

To punish the respondent for the contempt of the order passed by this Honble Court in WP.No.4563 of 2007 dated 19/06/2007 Prayer in WP(MD). 4563/ 2006 :

Court To issue a Writ of mandamus, directing the respondents 1 to 3 and 6 to implement the order of the 4th respondent in R.C.No.6983/2003/B-1 dated 15/03/2006 and remove the encroachments in soodamanipuram layour formed by the 2nd respondent society and obtain final approval of the layout from the 5th respondent municipality.

CONT P(MD). 932/ 2013:- P.Kalaiselvi, W/o.Panneerselvam, Rep.Thro Her Power Agent, M.Ramalingam, S/o.Marimuthu, P.Mariappan, The Commissioner, Karaikudi Municipality, Karaikudi.

... Respondent Prayer in CONT P(MD). 932/ 2013 :

To punish the respondent herein for violation and disobedience of the order dated 13.10.2009 passed by this Honourable Court in M.P.(MD)No.2 of 2009 in W.P. (MD)No.10034 of 2009 u/s.11 of the Contempt of Courts Act, 1971.

Prayer in WP(MD). 10034/ 2009 :

Court To issue a Writ of Certiorarified Mandamus, calling for the records in Ka.Ma.No. 293/08/F2 on the file of the 1st respondent dated 17/07/2008 and quash the same and further directing the 1st respondent to approve the building plan. ORDER:- These Petitions are coming on for orders on this day and upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of M/s.M.P.Senthil in WP(MD)No.10034/2009,M/s.S.Rajasekar for M/s.Lajapathi Roy in WP(MD)No.26196 to 26200/2022,WP(MD) No.15157to15167/2013,WP(MD)o.19824/2021,Mr.Ragatheesh Kumar for S.Kameswaran in WP(MD)No.13969/2013,No Appearance in WP(MD)No.14525 to 14531/2013, M/s.S.Rajasekar for Lajapathi Roy in WP(MD) No.19824/2021,M/S.G.Prabhu Rajadurai in Cont.P(MD) No.421/2013,Mr.M.P.Senthil in Cont.P(MD)No.

932/2013 Advocate for the Petitioners and of Mr.R.Baskaran AAG Assisted by Mr.S.P.Maharajan SPl GP for R2 in WP(MD)No.10034/2009 and of M/s.D.Venkatesh for R1 & R2 NO Appearance in WP(MD)13969/2013,and Mr.P.Subbaraj Spl Government Pleader for R1 to R3,K.Ramesh Durairaj for R4 in WP(MD)No.26196 to 26200/2022,and M/s.D.Venkatesh for R1 in WP(MD)No.14525 & 14531/2013,and M/s.R.Baskaran AAG R1 & R2,Mr.D.Venkatesh for R3,in WP(MD)No.15157 to 15167/2013,and Mr.R.Baskaran AAG for R1 to R3,Mr.VR.Shanmuganathan for R4 in WP(MD) No.19824/2021,and M/s.D.Venkatesh in Cont P(MD)No.421 & 932/2013,Advocate for the respondents, this Court made the following order: (Order of the Court was made by D.KRISHNAKUMAR,J.,) These petitions are listed today to report compliance of the order passed by this Court in the writ petitions.

2.This Court while disposing of the writ petitions directed the respondents to survey the lands belonging to the temple and to remove the encroachment within a period of four weeks. Since the said work has not been done within the said stipulated time, the official respondents filed an application seeking extension of

time to comply with the order of this Court and this Court by an order dated 19.12.2023 has granted eight weeks time to complete the process of survey and removal of encroachments and directed the matter to be listed today to report compliance.

3.Today, the learned Additional Advocate General appearing on behalf of the official respondents submits that necessary action has been initiated to remove the encroachment and to conduct survey in the lands belonging to the temple. Since vast extent of land is involved in this case, he seeks further 12 weeks time to complete the process of removal of encroachment. 4.Considering the said submission, a further period of eight weeks time from the date of receipt of a copy of this order, is extended for reporting compliance. It is needless to mentioned here that if the official respondents failed to comply with the order of this Court within the said period, the same will be taken note of seriously by this Court.

Sd/- Assistant Registrar() // True Copy // /04/2024 Sub Assistant Registrar (CS- I/ II / III / IV)

1. The Government of Tamil Nadu, Represented by the Secretary, Department of Municipal and Local Administration, Fort St. George, Chennai.

2. The Govt. of Tamil Nadu, Rep. by the Secretary, Dept. of Hindu Religious and Charitable Endowment, Fort St. George, Chennai.

3. The Commissioner, Karaikudi, Sivagangai District.

4. The Special Officer, No.A1321, Cooperative Society (Housing), Subramaniyapuram, Karaikudi, Sivagangai District.

5. The Commissioner, Hindu Religious and Charitable Endowments, Chennai-600034.

6. The Joint Commissioner, Hindu Religious and Charitable Endowments, Sivangangai.

7. The Assistant Commissioner, Hindu Religious and Charitable Endowments, Paramakudi, Ramanathapuram District.

8 The Executive Officer , Arulmigu Koppudainayagi Amman Thiru Kovil, Karaikudi Town, Sivagangai District.

9. The Fit Person , Arulmigu Suyamprakasa Easwarar Temple, Elupakkudi Devasthanam, Eluppakkudi Village, Karaikudi, Sivagangai District.

10.The Commissioner Incharge, karaikudi, Sivagangai.

11.The Tahsildar, karaikudi, Sivagangai.

12.The Taluk Surveyor, Karaikudi, Sivagangai.

13.The Director, Town & Country Planning, Anna Salai, Chennai.

Copy to:

The Section Officer,Writ Section, Madurai Bench of Madras High Court, Madurai.

(With a direction to list the matter after 8 Weeks) + 1 CC to M/s. Government Pleader ,Sr.7656

ORDER DATED : 22/02/2024 ==========================

ORDER

========================== WP(MD). No.10034 of 2009 etc.

and Cont.P.(MD)No.421 and 932 of 2013 Giving direction and etc.

as stated within.

MGJ(01.04.2024) 19P 16C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023