Anantharaj v. The Principal Secretary To Government
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD) Nos.2063 and 5393 of 2025 Anantharaj ... Petitioner Vs.
1.The Principal Secretary to Government, Environment, Climate Change and Forests Department, Secretariat, St. Fort George, Chennai.
2.The Principal Chief Conservator of Forest (HoFF) and CEO CAMPA (FAC), Forest Head Quarters Building, Guindy - Velacherry Main Road, Chennai.
3.The District Forest Officer, No.2, Race Course Road, Madurai Race Course, Opposite to Pandiyan Hotel, Madurai.
4.The District Collector, Madurai District, Madurai.
5.The Tahsildar, Melur Taluk, Madurai District.
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6.The Deputy Commissioner/Executive Officer, Hindu Religious and Charitable Endowments Department, Arulmigu Kallazhagar Thirukovil, Alagarkovil, Melur Taluk, Madurai District.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing Respondents 1 to 5 to consider the petitioner's representation dated 15.01.2025 and to restrain the 6th Respondent from making any construction at S.F.No.106, Valayapatti Village, Melur Taluk, Madurai District, within a stipulated time that may be fixed by this Court by affording proper and appropriate opportunity to the interested parties. For Petitioner :
Mr.K.Viralinathan For RR1 to 5 :
Mr.P.Thilak Kumar Government Pleader For R6 :
Mr.R.Baskaran Additional Advocate General-III assisted by Mr.S.Manohar
O R D E R
[Order of the Court was made by S.M.SUBRAMANIAM, J.] The writ on hand has been instituted to direct Respondents 1 to 5 to consider the petitioner's representation dated 15.01.2025 and to 2/6
restrain the sixth respondent from making any construction at S.F.No. 106, Valayapatti Village, Melur Taluk, Madurai District., within a stipulated time that may be fixed by this Court by affording proper and appropriate opportunity to the interested parties.
2. The petitioner mainly states that forest land has been encroached upon by the temple authorities of Arulmighu Kallazhagar Thirukovil, Alagarkovil.
3. The learned Additional Advocate General appearing on behalf of the Temple would state that the revenue authorities have conducted enquiry and found that the subject property has been classified as "temple property". Thus, he would submit that the land has been utilised by the temple only for temple activities. He would further submit that constructions are made only for the benefit of the temple and for the benefit of the Archakars by constructing Archakar kudiiruppu.
4. The authorities after conducting enquiry found that the land is not falling under the "Forest Area" and the Forest Authorities also have 3/6
not stated that the said land belongs to the Forest Department and falling under the Forest Act. This being so, the petitioner has not established any acceptable ground for considering the relief as such sought for. Furthermore, there is no impediment for the temple to utilise the land for temple purpose and its activities.
5. With the above clarification, this Writ Petition stands dismissed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
[S.M.S., J.] [A.D.M.C., J.] 03.06.2025 Index:Yes/No Internet:Yes/No NCC:Yes/No abr 4/6
To 1.The Principal Secretary to Government, Environment, Climate Change and Forests Department, Secretariat, St. Fort George, Chennai.
2.The Principal Chief Conservator of Forest (HoFF) and CEO CAMPA (FAC), Forest Head Quarters Building, Guindy - Velacherry Main Road, Chennai.
3.The District Forest Officer, No.2, Race Course Road, Madurai Race Course, Opposite to Pandiyan Hotel, Madurai.
4.The District Collector, Madurai District, Madurai.
5.The Tahsildar, Melur Taluk, Madurai District.
6.The Deputy Commissioner/Executive Officer, Hindu Religious and Charitable Endowments Department, Arulmigu Kallazhagar Thirukovil, Alagarkovil, Melur Taluk, Madurai District.
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S.M.SUBRAMANIAM, J.
and DR.A.D.MARIA CLETE, J.
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