S. Ravi, v. The Commissioner,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.04.2023
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.Ravi ... Petitioner Vs.
1.The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam High Road, Nungambakkam, Chennai.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Amma Mandapam Road, Sri Rengam, Trichy - 5.
3.The Executive Officer, Arulmighu Prasanna Venkatachalapathy and Nandhikeswara Swamy Temple, Thuraiyur, Trichy District.
4.Uma 5.Ravi 1/6
6.Ramasamy 7.Boopathy 8.Sankar 9.Valli (R.4 to R.9 impleaded vide order of this Court dated 01.12.2014 in M.P(MD)No.1 of 2014) 10.Kaliyaperumal 11.Palaniyandi 12.A.Manimekalai 13.Arumugam 14.Mahamani 15.Nagammal 16.R.Nagammal 17.Rajamaniammal 18.Duraisamy 19.S.Arunachalam 20.Soodamani 21.M.Periyasamy 22.Sellam 23.M.Sundarrajan 24.K.Sekar 25.C.Rathinam 26.Jeyaraman 27.Thangaraj 28.M.Durairaj 29.P.Sundarraju 30.M.Ramalingam 31.T.Manickam 32.T.M.Periyasamy 33.P.Manohar 34.R.Kannan 35.S.Murugesan 36.Pushpam 37.K.Pitchaiyammal 38.R.Baskaran 2/6
39.R.Narayanan (R.10 to R.39 impleaded vide order of this Court dated 18.10.2016 in W.M.P(MD)No.14359 of 2016) ... Respondent Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the respondents to clear all the encroachments that has been committed in respect of temple tank attached to Sri Venugopalasamy Deity and temple at Thuraiyur obtaining in S.F. No. 376/1/188 and to vacate all encroachments in the property and to resurrect the tank and put it in proper shape as it was previously to enable the holding of float festival in the tank attached to the said temple.
For Petitioner : No Appearance For Respondents : Mr.P.Subbaraj Special Government Pleader for R.1 & R.2 M/s.S.Devasena for R.3 No Appearance for R.4 to R.39
ORDER
This writ petition has been filed for removal of encroachments in the petition mentioned temple tank. The learned counsel who filed the writ petition is no more. Since the writ petition is more in the nature of public interest, it cannot be dismissed for non-prosecution.
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2. We called upon the learned Special Government Pleader appearing for Hindu Religious and Charitable Endowment Board to undertake personal inspection. The learned Special Government Pleader pursuant to our request visited the temple tank and he has filed status report stating that the temple is almost thousand years old and that the temple tank is located in TS 89 admeasuring 50.8 cents (Old S.No.376/188). He would state that temple tank is in a state of disuse and a dilapidated Mandapam is located in the middle. The banks of the temple tank have been fully encroached.
3. We therefore direct the second respondent to take suo motu action under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act for removal of all the encroachments after complying with due process of law. Final order shall be passed by the second respondent within a period of six months from the date of receipt of a copy of this order. We direct the first respondent to oversee the entire process and ensure that the temple tank is restored to its pristine condition. We are constrained to pass such a mandate taking into account the fact that the temple was established by Chola ruler Rajendra - I way back in 11th century. 4/6
4. This writ petition is allowed on these terms. There shall be no order as to costs.
[G.R.S., J.] [B.P., J.] 18.04.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The Commissioner, Hindu Religious and Charitable Endowment Board, Nungambakkam High Road, Nungambakkam, Chennai.
2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Amma Mandapam Road, Sri Rengam, Trichy - 5.
3.The Executive Officer, Arulmighu Prasanna Venkatachalapathy and Nandhikeswara Swamy Temple, Thuraiyur, Trichy District.
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G.R.SWAMINATHAN, J and B.PUGALENDHI, J.
MGA 18.04.2023 6/6