Madras High Court
D.Ramesh vs The Commissioner on 21 June, 2021
W.P.(MD).No.10178 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 21.06.2021
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.10178 of 2021
D.Ramesh ...Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
No.119, Uthamar Gandhi Salai,
Chennai-600 034.
2.The Joint Commissioner,
Hindu Regligious and Charitable
Endowments Department,
Dindigul.
3.Arulmigu Dhandayuthapaniswamy Thirukovil,
Rep. by its Executive Officer/ Joint Commissioner,
Palani-624 601,
Dindigul District.
4.The District Collector,
Trichy District, Trichy.
5.The Revenue Divisional Officer,
Trichy, Trichy District.
6.The Tahsildar,
Thiruverumbur Taluk,
Trichy District.
7.Govindammal
8.R.Govindarajulu ... Respondents
1/6
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.10178 of 2021
Prayer: This Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents 1 to 6 to take action on
the petitioner's representation dated 26.03.2021 requesting the respondents 1
to 3 to recover the property bearing S.No.91/2 measuring 1 acre 45 cents of
Ellakudi Village, Thiruverumbur Taluk, Trichy District from the 8th
respondent and requesting the respondents 4 to 6 to restore patta for the
above property in the name of the third respondent temple.
For Petitioner : Mr.N.C.Ashok Kumar
For R-1, R-2, R-4
to R-6 : Mr.M.Lingadurai,
Government Advocate (Civil)
For R-3 : Mr.V.R.Shanmuganathan
ORDER
This Writ Petition has been filed for the issue of a Writ of
Mandamus directing the respondents to act upon the representation made by
the petitioner on 26.03.2021, wherein, the petitioner has sought for
recovering the property belonging to the third respondent Temple and to
restore the patta in the name of the Temple.
2. The petitioner claims to be a devotee of the third respondent
Temple. The grievance of the petitioner is that the property belonging to the
third respondent Temple has been grabbed by the private respondents and
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.10178 of 2021
they have also obtained patta for the same. The petitioner has made a
representation in this regard to the respondents on 26.03.2021 to recover the
properties and to restore the patta in the name of the Temple. Since the same
was not acted upon, the present Writ Petition has been filed before this Court
seeking for appropriate directions.
3. Heard Mr.N.C.Ashok Kumar, learned counsel appearing for
the petitioner, Mr.M.Lingadurai, learned Government Advocate (Civil)
appearing for the respondents 1, 2 and 4 to 6 and Mr.VR.Shanmuganathan,
learned counsel appearing for the third respondent.
4. In the considered view of this Court, the recent Division
Bench Judgment of this Court in Suo Motu W.P.No.574 of 2015 and W.P.
(MD).No.24178 of 2018, dated 07.06.2021 had issued a slew of directions.
For the purpose of this case, clause 35 of the Judgment can be resorted to and
for proper appreciation, the same is extracted hereunder:-
“35.The encroachment and illegal
constructions in the protected area, archaeological
sites, temple lands, etc., must immediately be
removed. The extent of lands owned by the temples
must be identified with the help of the revenue
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W.P.(MD).No.10178 of 2021
department by the District Level Committee. The
District Collector of the appropriate District, on the
request of the Heritage Commission or State
Committee or District Level Committees or by any
officer of the HR & CE Department, shall forthwith
take steps for the removal of any such illegal
construction or encroachment or unauthorised
occupants. Appropriate action must be taken against
the errant Government Officials of the Central as
well as State Department and Officers under the
HR&CE Department for not removing the
encroachments in the protected and regulated area,
within a period of eight (8) weeks on expiry of the
time given.”
5. In view of the above, it is not necessary for this Court to once
again issue a direction to the respondents in this Writ Petition, more
particularly, since the Judgment of the Division Bench covers all the Temples
across Tamil Nadu and the respondents are expected to comply with those
directions by taking necessary action to remove the encroachment and
recover the property of the Temple.
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W.P.(MD).No.10178 of 2021
6. In view of the above, there shall be a direction to the second
respondent to immediately initiate action and place the complaint before the
fourth respondent, within a period of four (04) weeks from the date of receipt
of a copy of this order. The fourth respondent on receipt of the same shall
comply with the Judgment of the Division Bench and take necessary action
within a period of eight (08) weeks thereafter.
7. The petitioner is directed to make a fresh representation /
complaint to the second respondent along with all the relevant documents. A
copy of the representation shall be marked to the third and fourth
respondents.
8. This Writ Petition stands disposed of with the above
directions. No costs.
21.06.2021
Internet : Yes/No
Index : Yes/No
tsg
Note : In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may
be utilized for official purposes, but, ensuring that
the copy of the order that is presented is the correct
copy, shall be the responsibility of the
advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.10178 of 2021
N.ANAND VENKATESH, J.
tsg
To:-
1.The Commissioner,
Hindu Religious and Charitable
Endowments Department,
No.119, Uthamar Gandhi Salai,
Chennai-600 034.
2.The Joint Commissioner,
Hindu Regligious and Charitable
Endowments Department,
Dindigul.
3.The District Collector,
Trichy District, Trichy.
4.The Tahsildar,
Thiruverumbur Taluk,
Trichy District.
W.P.(MD).No.10178 of 2021
21.06.2021
https://www.mhc.tn.gov.in/judis/
