Madras High Court
A.Radhakrishnan vs 28 The Executive Officer on 21 January, 2022
W.P.Nos.14882 of 2019 and 11824 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.01.2022
CORAM :
THE HON'BLE MR.MUNISHWAR NATH BHANDARI,
ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.Nos.14882 of 2019 and 11824 of 2020
WP No.14882 of 2019
A.Radhakrishnan ... Petitioner
Vs
1 The Secretary to Government
Revenue Department
Secretariat Chennai -9
2 The Secretary to Government
Home Department
Secretariat Chennai-9.
3 The Secretary to Government
Tourism Culture and Endowment Department
Secretariat Chennai 9.
4 The Director General of Police
Dr.Radhakrishnan Road Chennai - 4.
5 The Commissioner of Land Administration
Chepauk Chennai-5.
6 The Director of Survey and Settlement
Chepauk Chennai 5.
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W.P.Nos.14882 of 2019 and 11824 of 2020
7 The Commissioner
Hindu Religious and Charitable Endowments Department
119 Nungambakkam High Road
Chennai -34.
8 The District Collector, Kancheepuram.
9 The Inspector General of Police
North Zone 19/3 Karuneegar Street
Military Quarters Alandur Chennai-16.
10 The Regional Deputy Director
Survey and Settlements
Chepauk Chennai-5.
11 The Assistant Director
Geology and Mining Department
Kancheepuram.
12 The Deputy Director of Town and Country Planning
Chengalpet.
13 The Member Secretary
Local planning Authority
Mamallapuram.
14 The Member Secretary
New Area Development Authority
Kancheepuram.
15 The Assistant Director
Town Panchayats
Kancheepuram.
16 The Assistant Director of Panchayats
Kancheepuram.
17 The Chief Engineer
T.N.Generation and Distribution Corporation
Chennai.
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W.P.Nos.14882 of 2019 and 11824 of 2020
18 The Joint Commissioner
H.R. & C.E. Department
Vellore.
19 The Deputy Inspector General
of Registrations 2nd Floor SIDCO
Electronic Complex Thiru. Ve.Ka Industrial
Estate Guindy Chennai 600 032.
20 The Principal Chief Conservator of Forests
and Head of the Department
Panagal Park Saidapet Chennai 600 015.
21 The Managing Director
Tamil Nadu News Print and Papers Ltd.
67, Mount Road Guindy
Chennai 600 032.
22 The Managing Director
Chennai Metropolitan Water supply and
Sewerage Board 1 Pumping Station Road
Chindatripet Chennai 600 002.
23 The Chairman
Life is Grand on ECR Ocean Drive Villas
Sulerkadu Village Thiruporur Taluk
Kancheepuram District.
24 Ven Govindan
25 Sundaramoni
26 L.Murugesan
27 The Chairman
Monkey Monk Resorts Pattipuram Village
Mamallapuram.
28 The Executive Officer
Nemeli Arulmigu Alavanthar Nayagar Charities
Mamallapuram 603 104. ... Respondents
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W.P.Nos.14882 of 2019 and 11824 of 2020
Prayer: Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Mandamus directing the respondents 5 to 19 to
take appropriate steps to identify the properties of 28th respondent
charity situated at Kancheepuram District and consequentially secure
and safeguard the same from the encroachers by considering
petitioner representation dated 11.04.2019.
For the Petitioner : Mr.A.Radhakrishnan,
party-in-person
For the Respondents : Mr.P.Muthukumar,
State Government Pleader,
for respondents 1, 2, 4 to 6
and 8 to 16
Mr.T.Chandrasekaran,
Special Government Pleader,
for respondents 3, 7 and 18
Mr.S.Girish,
for M/s.M.Karthikeyan,
for 28th respondent
Mr.L.Jai Venkatesh,
for 17th respondent
Mr.P.Sathish,
Additional Government Pleader,
for 19th respondent
Mr.T.Seenivasan,
for 20th respondent
No appearance
for respondents 21 to 27
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W.P.Nos.14882 of 2019 and 11824 of 2020
WP No.11824 of 2020
B.Jagannath ... Petitioner
Vs
1 The Chief Secretary
Government of Tamil Nadu
Fort St.George
Secretariat Chennai - 9
2 The Revenue Secretary
Secretariat Fort St.George, Chennai - 9
3 The Commissioner
H.R. & C.E. Department
Numgambakkam, Chennai - 34
4 Inspector General of Registration
Registration Department Santhome
Chennai - 28
5 The Executive Officer
Arulmighu Thiruporur Murugan Temple
Thiruporur.
6 The Executive Officer
Arulmighu Thiru Alavandan Thirukoil
Thiruporur
7 The Sub Registrar
Sub Registration Office Thiruporur.
8 The District Collector, Kancheepuram
9 The District Collector,
Chengalpattu ... Respondents
(R8 R9 Suo motu impleaded
vide order dated 10/09/2020 in WP.11824/2020)
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W.P.Nos.14882 of 2019 and 11824 of 2020
Prayer: Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus directing the 4th and 7th
respondent herein namely the Inspector General of Registration and
Sub Registrar of the Sub Registration office of Thiruporur not to
alienate or create any encumberance for the properties belonging to
the 5th and 6th respondent temple namely the Arulmighu Kandasamy
Murugan Temple Thiruporur and Arulmighu Alavandan Naicker Charity
Mammalapuram based on the various Honble Supreme Court judgment
in a view to protect the property of both the temples worth about
Indian Rupees 60 000 crores USD 8 billion measuring roughly about
2000 acres in accordance with law.
For the Petitioner : Mr.B.Jagannath,
party-in-person
For the Respondents : Mr.P.Muthukumar,
State Government Pleader,
for respondents 1, 2, 8 and 9
Mr.T.Chandrasekaran,
Special Government Pleader,
for respondent No.3
Mr.S.Girish,
for M/s.M.Karthikeyan,
for 6th respondent
Mr.A.K.Sriram,
for M/s.A.S.Kailasam Associates,
for 5th respondent
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W.P.Nos.14882 of 2019 and 11824 of 2020
COMMON ORDER
(Order of the Court was made by
the Hon'ble Acting Chief Justice)
WP No.14882 of 2019 is filed to seek a direction upon
respondents 5 to 19 to take appropriate steps to identify the properties
of respondent No.28 situated at Kancheepuram District and
consequently to secure and safeguard the same from the encroachers,
by considering the petitioner's representation dated 11.04.2019.
2. WP No.11824 of 2020 has been filed to a seek a direction on
the respondents 4 and 7 viz., Inspector General of Registration,
Chennai, and Sub Registrar, Thiruporur, not to alienate or create any
encumbrance on the properties belonging to the 5th and 6th respondent
temples viz., Arulmighu Kandasamy Murugan Temple, Tirupporur and
Arulmighu Alavandan Naicker Charity, Mallamapuram.
3. This court passed an order on 17.12.2021 directing the
Registration Department to find out whether the properties belonging
to the temple and religious institution have been taken note of in the
record maintained for the refusal of registration under Section 22-A of
the Registration Act, 1908. Pursuant to the direction of this court, the
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W.P.Nos.14882 of 2019 and 11824 of 2020
learned Government Pleader has produced a copy of the order dated
20.01.2022 passed by the Registration Department. The aforesaid
order shows that whenever any document is presented for registration,
it will be refused as per Section 22-A of the Registration Act, 1908.
4. In the light of the order passed by the respondents, the main
prayer of the petitioner has been satisfied. However, there is a further
prayer viz. removal of encroachment that needs to be addressed.
5. The learned Government Pleader submits that action to
remove the encroachment would be taken as per Section 78 of the
Tamil Nadu Hindu Religious and Charitable Endowments Act and it
would be completed by 30.04.2022.
6. In view of the above undertaking, nothing survives in the writ
petition. However, the respondents are directed to remove the
encroachments by taking action under Section 78 of the H.R. & C.E.
Act within the time-frame given by them. The respondents are also
directed to submit a compliance report by 10.05.2022. The process of
removing the encroachments shall be completed by 30.04.2022.
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W.P.Nos.14882 of 2019 and 11824 of 2020
7. The writ petitions are disposed of accordingly. There will be no
order as to costs. Consequently, W.M.P.Nos.14868 of 2019, 14533 and
14543 of 2020 are closed.
(M.N.B., ACJ.) (P.D.A., J.)
21.01.2022
Index : No
tar
To:
1 The Secretary to Government
Revenue Department
Secretariat Chennai -9
2 The Secretary to Government
Home Department
Secretariat Chennai-9.
3 The Secretary to Government
Tourism Culture and Endowment Department
Secretariat Chennai 9.
4 The Director General of Police
Dr.Radhakrishnan Road Chennai - 4.
5 The Commissioner of Land Administration
Chepauk Chennai-5.
6 The Director of Survey and Settlement
Chepauk Chennai 5.
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https://www.mhc.tn.gov.in/judis
W.P.Nos.14882 of 2019 and 11824 of 2020
7 The Commissioner
Hindu Religious and Charitable Endowments Department
119 Nungambakkam High Road, Chennai -34.
8 The District Collector, Kancheepuram.
9 The Inspector General of Police
North Zone 19/3 Karuneegar Street
Military Quarters Alandur Chennai-16.
10 The Regional Deputy Director
Survey and Settlements
Chepauk Chennai-5.
11 The Assistant Director
Geology and Mining Department
Kancheepuram.
12 The Deputy Director of Town and Country Planning
Chengalpet.
13 The Member Secretary
Local planning Authority
Mamallapuram.
14 The Member Secretary
New Area Development Authority
Kancheepuram.
15 The Assistant Director
Town Panchayats Kancheepuram.
16 The Assistant Director of Panchayats, Kancheepuram.
17 The Chief Engineer
T.N.Generation and Distribution Corporation
Chennai.
18 The Joint Commissioner
H.R. & C.E. Department, Vellore.
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W.P.Nos.14882 of 2019 and 11824 of 2020
19 The Deputy Inspector General
of Registrations 2nd Floor SIDCO
Electronic Complex Thiru. Ve.Ka Industrial
Estate Guindy Chennai 600 032.
20 The Principal Chief Conservator of Forests
and Head of the Department
Panagal Park Saidapet Chennai 600 015.
21 The Managing Director
Tamil Nadu News Print and Papers Ltd.
67, Mount Road Guindy
Chennai 600 032.
22 The Managing Director
Chennai Metropolitan Water supply and
Sewerage Board 1 Pumping Station Road
Chindatripet Chennai 600 002.
23 The Chairman
Life is Grand on ECR Ocean Drive Villas
Sulerkadu Village Thiruporur Taluk
Kancheepuram District.
24 The Chairman
Monkey Monk Resorts Pattipuram Village
Mamallapuram.
25 The Executive Officer
Nemeli Arulmigu Alavanthar Nayagar Charities
Mamallapuram 603 104.
26 The District Collector, Kancheepuram
27 The District Collector, Chengalpattu
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W.P.Nos.14882 of 2019 and 11824 of 2020
M.N.BHANDARI, ACJ.
AND
P.D.AUDIKESAVALU, J.
(tar)
W.P.Nos.14882 of 2019 and 11824 of 2020
21.01.2022
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