The Madurai Bench of the Madras High Court directed revenue authorities to remove encroachments on temple lands belonging to the ninth respondent after conducting a survey and issuing notices within three months.
Directed respondents 1, 3, 5, and 8 to remove encroachments on temple lands within three months after notice and survey.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P(MD)No.13986 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD
W.P(MD)No.13986 of 2021
V.Ganesan
... Petitioner
vs.
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PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents to remove all the encroachment in Old Survey No.42-1A, New Survey Nos.577 to 611, 21 acre 17 cents in Vilathikulam Kaspa, Vilathikulam Taluk and Survey Nos.587, 618, 620, 655, 656, 657, 658, 659, 660, 661, 662, 663, 597, 598, 599, 600, 601, 603, 604, 607, 586-1, Patta No.368 total extent 123 acre 51 cents and Ayyanpommaiyapuram Village, Vilathikulam Taluk, Survey No.569/1, Keelavilathikulam Village, Vilathikulam Taluk, total extent 553 acre 29 cents and Survey No.458/3, 458/4, 458/7 total extent 8 cents in Naduvapatti Village, Ettaiyapuram Village based on the petitioner's representation, dated 22.04.2021.
For Petitioner : Mr.J.Gunaseelan Muthiah For RR 1 to 6 : Mr.P.Thilak Kumar Government Pleader For RR 7 & 8 : Mr.P.Subbaraj Special Government Pleader For R – 9 : Mr.M.Muthu Geethaiyan
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ORDER
(Order of the Court was made by R.MAHADEVAN, J.)
The prayer in this Writ Petition is for issuance of a Writ of Mandamus, directing the respondents to remove all the encroachment in Old Survey No.42-1A, New Survey Nos.577 to 611, 21 acre 17 cents in Vilathikulam Kaspa, Vilathikulam Taluk and Survey Nos.587, 618, 620, 655, 656, 657, 658, 659, 660, 661, 662, 663, 597, 598, 599, 600, 601, 603, 604, 607, 586-1, Patta No.368 total extent 123 acre 51 cents and Ayyanpommaiyapuram Village, Vilathikulam Taluk, Survey No.569/1, Keelavilathikulam Village, Vilathikulam Taluk, total extent 553 acre 29 cents and Survey No.458/3, 458/4, 458/7 total extent 8 cents in Naduvapatti Village, Ettaiyapuram Village based on the petitioner's representation, dated 22.04.2021.
2.Seeking removal of the encroachments in the properties in the aforesaid survey numbers belonged to the ninth respondent/Temple, the petitioner made a representation, dated 22.04.2021 to the official respondents. However, till date, the same has not been considered. Hence, this Writ Petition.
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3.The learned Government Pleader appearing for the respondents 1 to 6 submitted that the petitioner's representation dated 22.04.2021 would be considered and appropriate action will be taken in accordance with law.
4.The learned counsel appearing for the ninth respondent submitted that though the ninth respondent has addressed a letter dated 21.09.2022 to the fourth respondent seeking to cancel the patta given to a private party in respect of the lands comprised in old Survey No.42/1, to an extent of 21 acre 17 cents which belongs to Arulmighu Meenakshi Sundareswarar Temple, Vilathikulam and to issue patta in respect of the said survey number in the name of the ninth respondent / Temple, till date no action is taken.
5.The learned counsel appearing for the ninth respondent further submitted that regarding the protection and maintenance of the Temple properties, this Court in S uo Motu W.P.No.574 of 2015, dated 07.06.2021, has issued a specific direction to the authorities to remove the encroachments in the Temples' lands, which reads as follows:-
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“(34) Insofar as Service inams as per the customary practice is concerned, only one property shall be given to an individual during his/her tenure of service and after his/her retirement or disassociation with the temple, the same shall be recovered. Wherever more than one property has been given as inam, the same shall be recovered and given to some other deserving service providers. In case, the land/property is under the occupation of any third party, steps must be taken to evict them forthwith.
(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 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.”
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Despite the aforesaid directions, till date, many properties of various Temples encroached upon by third parties are not retrieved and handed over to the respective Temples.
6.In view of the above, we direct the respondents 1, 3, 5 and 8 to take necessary action for removal of encroachments in the place in question, after issuing notice and conducting survey in the presence of the petitioner and all other parties and thereafter, retrieve the lands belonging to the ninth respondent / Temple as per the directives issued by this Court in Suo Motu W.P.No.574 of 2015, dated 07.06.2021, after providing sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of three months from the date of receipt of a copy of this order.
7.With the above directions, this Writ Petition is disposed of. No costs.
Index : Yes / No Internet : Yes ps
[R.M.D.,J.] [J.S.N.P.,J.] 30.11.2022
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W.P(MD)No.13986 of 2021
To
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W.P(MD)No.13986 of 2021
R.MAHADEVAN,J. and J.SATHYA NARAYANA PRASAD,J.
ps
ORDER MADE IN W.P(MD)No.13986 of 2021
DATED : 30.11.2022
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2 issues framed by the court
Whether the revenue authorities are directed to remove encroachments on temple lands belonging to the ninth respondent?
Is the removal of encroachments to be carried out within a specified time frame following due process?
Colour shows how this judgement treated each authority
_Suo Motu_ W.P.No.574 of 2015Applied¶38
1 provisions across 1 enactments
V.Ganesan
District Collector
District Revenue Officer
Revenue Divisional Officer
Tahsildar
Tahsildar
R.MAHADEVAN
J.SATHYA NARAYANA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
R.MAHADEVAN and J.SATHYA NARAYANA PRASAD
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