Sri Sivanandha Pulipani Swamigal v. The State Of Tamil Nadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 16.07.2024
CORAM:
THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR AND THE HON'BLE MR JUSTICE R.VIJAYAKUMAR W.P.(MD)No.13191 of 2014 WMP(MD)No.11676 of 2024 Sri Sivanandha Pulipani Swamigal, Pulipani Ashram, Door No.2, North Giri Veedhi, Adivaram Palani, Dindigul Distict.
... Petitioner vs.
1.The State of Tamil Nadu Rep by its Principal Secretary, Tourism, Culture and Religious Endowment Department, Fort St.George, Secretariat, Chennai-600 009.
2.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034.
3.The District Collector, Dindigul District, Collectorate, Dindigul-624 004.
4.The Revenue Divisional Collector, Palani, Dindigul District, Dindigul-624 001.
5.Joint Commissioner/Executive Officer, Arulmigu Dhandayuthapani Swamy Temple, Palani, Dindigul District.
..
Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus forbearing the respondents from taking any measure obstructing the petitioner's free ingress and egress to their property at Door No.2, North Giri Veethi, Adivaram, Palani either by putting barriers in between their above property and 'Giri Vala Veedhi' and preventing free access to the petitioner to reach their property using their vehicles. For Petitioners : Mr.V.Raghavachari, Senior Counsel for Mr.M.Saravanan For Respondents : Mr.Veerakathiravan, Addl. Advocate General assisted by Mr.N.Satheesh Kumar, Additional Government Pleader for R1, R3 & R4 Mr.N.R.R.Arun Natarajan, Special Government Pleader for R2 Mr.R.Bharanitharan for R5
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for a Mandamus forbearing the respondents from taking any measure obstructing the petitioner's free ingress and egress to their property at Door No.2, North Giri Veethi, Adivaram, Palani either by putting barriers in between their above property and 'Giri Vala Veedhi' and preventing free access to the petitioner to reach their property using their vehicles.
2. In pursuant to the order passed by this Court dated 02.07.2024 in Cont.P. (MD)No.1671 of 2018, the District Collector, Dindigul, has filed a compliance report before this Court stating that resurvey notice for resurvey of the land in Ward-3, Block-26, T.S.No.86 and Ward-3, Block-21, T.S.No.11 was given to Pulipani Ashram and Arulmigu Dhandayuthapani Swami Temple, Palani and resurvey was conducted on 15.07.2024 in the presence of Advocates of Pulipani Ashram and the officials of Arulmigu Dhandayuthapani Swami Temple, Palani and re-survey was conducted by Survey Inspector, Dindigul and during the resurvey, it was found that there is no encroachment.
3. In the light of the above compliance report filed by the District Collector, Dindigul, no further action is required insofar as Pulipani Ashram is concerned.
4. Mr.V.Raghavacharai, learned Senior Counsel for the petitioner seeks further 2 Feet width apart from the 10 feet as already agreed by the Devasthanam Board, for the ingress and egress to the petitioner's Ashram and for taking the Chariot and other vehicles to the Ashram. Insofar as running of commercial shops is concerned, the learned Senior Counsel for the petitioner submitted that there will not any commercial activity in the Girivalapathai and they will abide by the orders passed by this Court.
5. The learned Standing Counsel for the Devasthanam Board agreed that instead of 3 feet width in-front of the commercial shops, they will give 12 feet width at the Main Gate for the ingress and egress and at the exit gate, 10 feet width will be provided, as requested by the learned Senior Counsel for the petitioner.
6. Recording the above submission made by the learned Standing Counsel for the Devasthanam Board, this Writ Petition stands closed. No costs. Consequently, connected miscellaneous is also closed. (D.K.K., J.) (R.V., J.) 16.07.2024 Intex : Yes/No Internet : Yes/No Jvm To 1.The Principal Secretary to Government, The State of Tamil Nadu Tourism, Culture and Religious Endowment Department, Fort St.George, Secretariat, Chennai-600 009. 2.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai-600 034.
3.The District Collector, Dindigul District, Collectorate, Dindigul-624 004.
4.The Revenue Divisional Collector, Palani, Dindigul District, Dindigul-624 001.
D.KRISHNAKUMAR, J.
and R.VIJAYAKUMAR, J.
Jvm 5.Joint Commissioner/Executive Officer, Arulmigu Dhandayuthapani Swamy Temple, Palani, Dindigul District.
16.07.2024