Madras High Court
K.Ramprasad vs The District Collector on 16 October, 2024
Author: R.Subramanian
Bench: R.Subramanian
W.P.(MD) No.17831 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 16.10.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
and
THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
W.P.(MD) No.17831 of 2021
and
W.M.P.(MD)No.14704 of 2021
K.Ramprasad ... Petitioner
-vs-
1.The District Collector,
Tenkasi District, Tenkasi.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Thoothukudi.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Courtallam, Tirunelveli District.
4.The Executive Officer,
Sri Alarmelmanga – Padmavathisamedha
Sri Prasannavenkatachalapathi,
& Sri Narasimhaperumalthirukoil,
Keelapavur, Alangulam Taluk,
Tenkasi District.
5.R.Arinjar
6.Sivarajan
7.P.Samy
https://www.mhc.tn.gov.in/judis
Page 1 of 9
W.P.(MD) No.17831 of 2021
8.L.Sudalaimadan ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to
issue a Writ of Mandamus, directing the respondents 1 to 4 to take steps to
protect the sanctity of the Temple Theppakulam and to maintain the
cultural heritage of Sri.Alarmelmanga-Padmavathisamedha Sri Prasanna
Venkatachalapathi & Sri. Narasimha Perumal Thirukovil, situated in survey
Nos.420/1 and 420/2, at Keelapavur Village, Alangulam Taluk, Tenkasi
District, which is more than 1000 years old by taking appropriate action by
considering the petitioner's representation dated 20.09.2021.
For Petitioner : Mr.S.Madhavan
For Respondents 1 to 3 : Mr.P.Thilakkumar
Government Pleader
For 4th Respondent : Mr.M.Muthugeethaiyan
For Respondents 5 to 8 : No Appearance
ORDER
[Order of the Court was made by R.SUBRAMANIAN, J.]
Mr.P.Thilakkumar, learned Government Pleader takes notice for the
respondents 1 to 3. Mr.M.Muthugeethaiyan, learned counsel takes notice for
the 4th respondent.
2.The petitioner seeks a Mandamus, directing the respondents 1 to 4
to take steps to protect sanctity of the Theppakulam of Arulmigu
Alarmelmanga-Padmavathisamedha Sri Prasanna Venkatachalapathi & Sri.
Narasimha Perumal Thirukovil, situated at Keelapavur Village, Alangulam
https://www.mhc.tn.gov.in/judis
Taluk.
3.It is claimed that the Temple is 1000 years old. The Temple tank is a
sacred tank. The water therefrom is used for performing daily rituals in
Temple. The Temple festivals like, Thirthavari in the tamil month of
Puratasi, Visakam festival in the tamil month of Vaikasi and Ramanavami
are conducted in the Temple. Thirthavari is conducted in the Temple tank.
The 'A' register of the Village also shows that Survey No.420/2 is classified
as Temple tank and Narasimha Perumal Temple. The Tahsildar, Alangulam,
had as early as on 16.05.2011, confirmed that the land belongs to the
Temple and it is under the control of the Hindu Religious and Charitable
Endowments Department. It appears that the Temple and tank were
renovated at the huge cost. A fence was also put up to protect the tank.
Certain individuals attempted to desecrate the tank and use it for other
purposes. Hence, the present Writ Petition came to be filed.
4.We have heard Mr.S.Madhavan, learned counsel appearing for the
petitioner, Mr.P.Thilak Kumar, learned Government Pleader appearing for
the respondents 1 to 3 and Mr.M.Muthugeethaiyan, learned counsel
appearing for the 4th respondent. Despite service of notice, there is no
appearance for the respondents 5 to 8 either in person or through counsel
duly instructed.
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5.The fact that the land in question is classified as Temple and Temple
tank in the 'A' Register is not in dispute. It is also not disputed that the
Temple tank is under the control of the Executive Officer of the Temple and
it belongs to the Temple. Though an attempt was made to take advantage of
the entries in the 'A' Register in column nos.3 and 4, where it is stated as
Government Poramboke. The said issue was considered by the Hon'ble
Division Bench of this Court in the District Collector, Collectorate,
Kancheepuram and others v. Guhan, wherein the Hon'ble Division Bench
pointed out that if an entry is found in Column no.12 that the land is
occupied by the Temple or Temple tank, though it is stated to be
Government Poramboke, the land belongs to the Temple and it is under the
control of the Hindu Religious and Charitable Endowments Department. The
relevant operation of the judgment reads as follows:-
“30. The argument of the learned Advocate General cannot be
accepted because the land under Temple remains to be a
Government poramboke and the Commissioner of HR&CE
Department controls the affairs. In Column 12 of the -A- Register,
reference of temple is given. The Record of 1951, produced before
us, Column 12 shows the land in question to be of a Temple. The
alteration in the records was made in the year 1963 to add Fisheries
Department in column. Further, the issue regarding exclusive right
on possession and enjoyment of temple poramboke land by the
temple is no longer res integra. In this regard, reliance may be
placed on the decision of the Apex Court in the case of Subramanya
Swamy Temple, Ratnagiri v. V.Kanna Gounder (Dead) by LRs,
https://www.mhc.tn.gov.in/judis
(2009) 3 SCC 306. Paragraphs (3), (5) and (10) are relevant and the
same are quoted hereunder:
“3. The classification of 32 acres of land of Survey No. 370/1 was
made as 'Sri Subramanya Swamy Temple, poramboke'. The said
classification of temple 'poramboke' in the revenue record~of~rights
indicates the reason for which it has been set apart as also its occupation
and use. Temple poramboke consists of unassessed wasteland by the
Temple. It may also include common passage, water ponds, thrashing
floor, etc. etc.
....
5. By reason of such classification, the appellant Temple obtained full
right to possession and exercise right to transfer of the lands assigned in
its favour. The right of the appellant to hold and possess the said land
was noticed by a Bench of the Madras High Court in M.S. Krishnan v.
Govt. of T.N. [(2001) 2 LW 723 (Mad)] in the following terms : (LW p. 726,
para 10)
“'10. Such a land does not cease to be a poramboke property over
which the Government will have control subject only to the rights of the
Temple.'
....
10. The High Court, in its impugned judgment proceeded on the basis that
there had been no assignment in favour of the Temple by the State. It
committed an error in relation thereto. The paramount title of the State is
not disputed. It remains vested in the State. The State, however, having
regard to the possession of the appellant over 32 acres of land classified
the same as 'Temple poramboke'. It, by reason of the said classification,
not only permitted the appellant to continue to possess the land but also
granted a superior right, namely, to make constructions as also to grant
lease thereof subject of course to the conditions laid down as noticed
hereinbefore. The principle of possessory title was, thus, completely
overlooked by the High Court.”
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6.In view of the above pronouncement of the Hon'ble Division Bench,
it cannot be said that the land, which is classified as Temple and Temple
tank does not belong to the Temple. Once it is held that the land in question
belongs to a Temple, the Temple authorities have every right to protect the
same and also prevent desecration of the same. Any steps taken by the
Temple to protect the tank will have to be aided by the District Collector and
the other respondents.
7.In view of the above, there will be a Mandamus, directing the
respondents 1 to 4 to ensure that the Temple tank is protected and it is not
used for any other purpose than for the festivals of the Temple and for
conduct of daily rituals of the Temple.
8.Mr.M.Muthugeethaiyan, learned counsel for the 4th respondent
would submit that the land in Survey No.421/2 also belongs to the Temple
and there is an order of the Revenue Divisional Officer, Tenkasi, dated
23.09.2014, to rectify the mistake committed during UDR and register the
said land in the name of the Temple. The copy of the said proceedings has
also been placed before us. The operative portion of the said order reads as
follows:-
“6.,g;Gyk; epycilik gjpT Nkk;ghl;Lj; jpl;l gzpapd; NghJ
Vw;gl;ljtW vd;gJ Gydhdjhy; jtwhf ,lk; ngw;w ngwiu jpUj;jk;
nra;J Mizapl ghu;it 02 y; fz;l murhizapd; mwpTiuf;fpdq;f
ghu;it 03 y; fz;lthW jpUney;Ntyp khtl;l tUtha; mYtyUf;F
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gpNuuiz gupe;Jiu nra;J mDg;gg;gl;lJ. ,g;gpNuid guprPyizf;F gpd;>
epyclik Nkk;ghl;Lj;jpl;lj;jpy; Vw;gl;l jtWfis jpUj;jk; nra;tJ
njhlu;ghf Nfhl;lhl;rpaupd; cj;jputpd; Ngupy; Nky;KiwaPL nra;ag;gLk;
rPuha;T kDf;fs; kPJ kl;LNk khtl;l tUtha; mYtyu; tprhuiz
Nkw;nfhz;L cj;jpuT gpwg;gpf;Fk; eilKiw gpd;gw;wg;gLtjhy;>
ghu;itapy; fz;l fbjj;jpy; nra;Js;s gupe;Jiuapd; mbg;gilapy;
cj;jpuT gpwg;gpj;jpl Nfhup ghu;it 04 y; fz;l fbjk; %yk;
mwpTWj;jg;gl;Ls;sJ. ,t;twpTiuf;fpdq;f Myq;Fsk; tl;lk;> fPog;ghT+u;
gFjp 1 fpuhkk; eQ;ir gl;lh vz;:2081 Gy vz;:421/2: 0.06.5 (0.15 nrd;l;)
n`f;Nlu;]; gug;G epyj;ij gl;lh vz;:2081 ypUe;J ePf;fp 'Rthkp
eurpq;fg;ngUkhs;' vDk; ngaupy; Gjpa gl;lhtpy; jhf;fy; nra;jpl
Mizaplg;gLfpwJ.'
9.It is the grievance of the counsel that the directions have not been
implemented till date, though 10 years have passed by. Hence, the
Tahsildar, Alangulam, Tenkasi District, though not made a party to the Writ
Petition, is directed to carry out the orders of the Revenue Divisional Officer,
Tirunelveli, dated 23.09.2014, in the revenue records within a period of 12
weeks from the date of receipt of copy of the order. The Registry is directed
to forward the copy of the order to the Tahsildar, Alangulam also.
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10.The Writ Petition is disposed of with the above observation. No
Costs. Consequently, connected miscellaneous petition is closed.
[R.S.M., J.] [L.V.G., J.]
16.10.2024
NCC : Yes/No
Index : Yes/No
Internet : Yes
Mrn
To
1.The District Collector,
Tenkasi District, Tenkasi.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowments Department,
Thoothukudi.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowments Department,
Courtallam, Tirunelveli District.
4.The Tahsildar,
Alangulam,
Tenkasi District.
https://www.mhc.tn.gov.in/judis
R.SUBRAMANIAN, J.
and
L.VICTORIA GOWRI, J.
Mrn
16.10.2024
https://www.mhc.tn.gov.in/judis
