P.S.G.Jeyaraj v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR and M.P.(MD) Nos.1 & 2 of 2012 P.S.G.Jeyaraj ... Petitioner -vs1.The Commissioner Hindu Religious and Charitable Endowment Department 119, Uthamar Gandhi Salai Chennai-600 034 2.The Joint Commissioner Hindu Religious and Charitable Endowment Department Trivandrum Road Tirunelveli-627 002 3.The Assistant Commissioner Hindu Religious and Charitable Endowment Department Palayamkottai Tirunelveli-627 002

4.The District Collector Kokkarikulam Tirunelveli-627 009 5.The Sub Registrar Veerasigamani Sankarankoil Taluk Tirunelveli District 6.Member Secretary Tamilnadu Town and Country Planning Authority Tirunelveli 7.M.Vissuvasam 8.V.Micheal Antony Rayappan 9.K.Paulraj 10.Gomathi 11.Karthik 12.C.Dharmaraj 13.A.M.Mariappan 14.T.A.K.A.Ravi 15.R.Murugaiah 16.Mathivanan 17.Shenbaga Assari 18.T.Maniyan Assari

19.M.Saraswathi 20.S.Pattammal 21.S.Muthusamy 22.K.Sundararaj 23.S.Muthumari 24.M.Ganapathyraman 25.A.Durairaj @ Palanichamy 26.A.Muniyammal 27.C.Chidambaram Assari 28.A.Vellaichamy 29.S.Chellamma 30.A.Shenbagavalli 31.A.Arun Kumar 32.M.Meenatchi ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 3 to take over the temple namely Thir Moola Vinayagar Tempe, Sernthamangalam, Sankarankovil Taluk, Tirunelveli District and further directing the respondents 1 to 4 to remove the encroachments in Old Survey No.498/3, New Survey No.1113/1,

1113/2, 1113/3 and 1114/44 to the total extent of 76 Cents owned by the Deity Thir Moola Vinayagar Temple, Sernthamangalam, Sankarankovil Taluk, Tirunelveli District, by invoking Sections 78 and 79 of Tamilnadu Hindu Religious and Charitable Endowment Act, 1957. For Petitioner :

Mr.C.Karthik For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R6 Mr.R.T.Arivukumar for R7 Mr.D.Nallathambi for R24 No appearance for R8 to R23, R25 to R32

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] Prayer in this writ petition is to direct the respondents 1 to 3 to take over Thiru Moola Vinayagar Tempe, Sernthamangalam, Sankarankovil Taluk, Tirunelveli District and to direct the respondents 1 to 4 to remove the encroachments in Old Survey No.498/3, New Survey No.1113/1, 1113/2, 1113/3 and 1114/44, to the total extent of 76 Cents, owned by the Deity of Thiru Moola Vinayagar Temple, Sernthamangalam, Sankarankovil Taluk, Tirunelveli District, by invoking Sections 78 and 79 of Tamilnadu Hindu Religious and Charitable Endowment Act, 1957.

2. Today, when the matter was taken up for hearing, learned Government Pleader appearing for the respondents 1 to 6, on instructions, submitted that with regard to the first limb of the prayer to take over the possession of the subject Temple is concerned, pursuant to the order passed by the third respondent, the fit person has taken charge of the said Temple as early as on 09.11.2012 and therefore, the first limb of the prayer has become infructuous.

3. Insofar as the second limb of the prayer seeking removal of encroachments is concerned, learned Government Pleader, on instructions, submitted that at the time of UDR Scheme, some errors have been crept in in the revenue records and the Temple Authority has already taken steps for rectification of the errors and it is pending before the District Revenue Officer, Tenkasi. After getting appropriate orders for rectification of errors in the revenue records, appropriate action will be taken for removal of encroachments in accordance with law.

4. Recording the above submission of the learned Government Pleader, as against the first limb of the prayer, this writ petition is dismissed as infructuous and as against the second limb of the prayer, this writ petition is disposed of with a direction to the official respondents to take necessary steps for removal of encroachments, after getting rectification order from the Revenue Authority. No costs. Consequently, connected miscellaneous petitions are closed.

[D.K.K., J.] [R.V., J.] 04.01.2024 (3/3) NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk To:

1.The Commissioner, Hindu Religious and Charitable Endowment Department, 119, Uthamar Gandhi Salai, Chennai-600 034.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Trivandrum Road, Tirunelveli-627 002.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Palayamkottai, Tirunelveli-627 002.

4.The District Collector, Kokkarikulam, Tirunelveli-627 009.

5.The Sub Registrar, Veerasigamani, Sankarankoil Taluk, Tirunelveli District.

6.The Member Secretary, Tamilnadu Town and Country Planning Authority, Tirunelveli.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

krk and M.P.(MD) Nos.1 & 2 of 2012 04.01.2024 (3/3)