Ganesan v. The District Collector Cum Monitoring Committee
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI W.P.(MD) No.19094 of 2024 and W.M.P.(MD)No.16156 of 2024 1.Ganesan 2.Velu 3.Pandiarajan ... Petitioners -vs1.The District Collector / Monitoring Committee, Dindigul District, Dindigul.
2.The Revenue Divisional Officer, Dindigul, Dindigul District.
3.The Tahsildar, Authur Taluk, Dindigul District.
4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul.
5.Chinnappan 6.James 7.Jeyaraj 8.Savarimuthu 9.Arockiyam 10.Aandal 11.Selvi 12.Arockiya 13.Rajapandi 14.Jeyaram 15.Mohan Raj 16.Sivakumar 17.Thillan 18.Subbaiah 19.Selvaraj 20.Rajammal 21.Arockiyasamy 22.Devadass 23.Chinnammal 24.Savariyar 25.Ponraj 26.Francies 27.Sesurasu 28.Kasbar 29.Thangamani 30.Achirvatham 31.John Beetter 32.Arockiyam 33.Palraj 34.Savulraj 35.Savariyar 36.Anthony 37.Myckal 38.Mary 39.Alagar
40.Arockiyam 41.Savarimuthu 42.Arockiyam (Maravattiyar) 43.John 44.Selvam 45.Arockiyammal 46.Chellappa 47.Anaikutti 48.Chandirasekar 49.Suresh 50.Veeraputhuran 51.Muthu 52.Chinnammal 53.Vellaiyammal 54.Appavu 55.Velankanni 56.Chidambaram 57.Ramar 58.Ramu 59.Ramar 60.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.
... Respondents [R60 is suo motu impleaded vide Court order dated.07.08.2024] PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 59 in Survey Nos.284/2, 285, 309/2, 310, 312 and 317/2, Ambadurai Village, to an extent of 18.32 acres, owned by Arulmigu Kathirnarasinga Perumal Kovil, Perumalkovilpatti, within the stipulated time as fixed by this Court.
For Petitioners : Mr.C.Mayilvahana Rajendran For R1 to R4 & R60 : Mr.P.T.Thiraviyam Government Advocate
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.] Prayer in the Writ Petition reads as follows:- ''To issue a Writ of Mandamus, directing the respondents 1 to 4 to remove the encroachment made by the respondents 5 to 59 in Survey Nos.284/2, 285, 309/2, 310, 312 and 317/2, Ambadurai Village, to an extent of 18.32 acres, owned by Arulmigu Kathirnarasinga Perumal Kovil, Perumalkovilpatti, within the stipulated time as fixed by this Court.''
2. By our order dated 07.08.2024, we had suo motu impleaded the Commissioner, H.R. & C.E. Department as 60th respondent, requiring him to file an affidavit disclosing as to whether there is any time limit fixed for completion of enquiry under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [hereinafter referred to as ''the H.R. & C.E. Act''] and if there is any such order prescribing time limits, what action has been taken against the Assistant Commissioners and Joint Commissioners of the H.R. & C.E. Department, who wilfully breached such time limits with impunity.
3. In pursuant to the above said order, Mr.P.N.Sridar, Commissioner of H.R. & C.E. Department, has filed an affidavit stating that there is a proposal to issue a Circular to the Assistant Commissioners and the Joint Commissioners, who are handling the proceedings under Section 78 of the H.R. & C.E. Act, to complete the proceedings within a period of six months. He has also assured this Court that it will be monitored periodically and reviewed as and when necessary. The said report is taken on record.
4. Mr.P.T.Thiraviyam, learned Government Advocate appearing for the respondents 1 to 4 and 60 would submit that an appropriate action under Section 78 of the H.R. & C.E. Act has been initiated to remove the encroachments in the Temple's land.
5. In the light of the above, we do not think any further order is necessary in this Writ Petition. Hence, this Writ Petition is disposed of with a direction to the authorities to proceed with the enquiry initiated under Section 78 of the H.R. & C.E. Act and complete the same at the earliest, at any rate, within a
period of six months from the date of issuance of the notice. No costs. Consequently, connected Miscellaneous Petition is closed. NCC : No [R.S.M., J.] [L.V.G., J.] Index : No 27.08.2024 smn2 To:- 1.The District Collector / Monitoring Committee, Dindigul District, Dindigul.
2.The Revenue Divisional Officer, Dindigul, Dindigul District.
3.The Tahsildar, Authur Taluk, Dindigul District.
4.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.
5.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul.
R.SUBRAMANIAN , J.
and L.VICTORIA GOWRI , J.
smn2 W.P.(MD) No.19094 of 2024 and W.M.P.(MD)No.16156 of 2024 27.08.2024