Writ petition under Article 226 sought directions to remove encroachments on temple lands worth 50 crores. The court was informed that an auction was scheduled for the property disposal. Consequently, the petition was disposed of without further orders.
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.No.3826 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.07.2023
CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU
W.P.No.3826 of 2023
S.Rajagopal .. Petitioner
Vs.
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W.P.No.3826 of 2023
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the second respondent herein to consider and pass necessary orders on the representation dated 20.09.2021 made by the petitioner herein to take immediate steps (a) to remove the encroachment of grant lands of public temples of 1) Sri Vinayagar Kovil, 2) Mariamman Kovil, 3) Pidariamman Kovil, 4) Ayyanarswamy Kovil 5) Kamba Perumal Kovil, 6) Ellachetti, 7) Vaitheeswarar Kovil, 8) Vadakariyan Kovil, 9) Malaiamman Kovil, worth about 50 crores at Navakkurichi Village, Talaivasal Taluk, Salem District in respect of S.Nos.21/2-21.93.0, 20/2-2.78.5,36-6.36.0, 57/4-0.15.5/58/60.30.0, 58/8, 0.26.5, 59/3-0.13.0, 63/1-0.60.0, 63/80.33.5,65/50.15.0, 65/6-1.16.0, 65/7, 1.11.5, 65/11-0.05.5, 67/6-0.12.5.68/170.30.0, 171/5-1.77.0, 196/1-1.42.0, 20/12-0.04.0, 202/2-1.46.0, 204/13-0.04.0, 210/3-0.03.0, 212/4, 0.81.0, 214/2-0.52, 234/3-0.55 b) To initiate action against the Revenue Officers and HR&CE who are assisting in putting up encroachments in the common temple lands and endowments land c) To collect the land lease amount from the encroachers dated way back to 20 years under the RR Act. d) To initiate appropriate action to appoint committee or trustees immediately to the temple of historical importance built during the 19th Century and conduct the temple festival expeditiously with a stipulated time frame.
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W.P.No.3826 of 2023
For the Petitioner : Mr.L.Muthusamy
For the Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader for R1 to R4
Mr.P.Muthukumar State Government Pleader for R5 to R7
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.L.Muthusamy, learned counsel for the petitioner,
Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for respondents 1 to 4 and Mr.P.Muthukumar, learned State Government Pleader for respondents 5 to 7.
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W.P.No.3826 of 2023
was conducted and the encroachers are the villagers and they have submitted that they would handover the possession. Public auction is scheduled and now, the property would be given as per the public auction.
auction is scheduled to be conducted. In view of that, no further orders, as such, would be necessary. In case, in future, if the public auction does not materialize and the encroachers are not removed, then the petitioner may agitate the same before the respondents.
no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 20.07.2023 Index : Yes/No Neutral Citation : Yes/No
drm
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W.P.No.3826 of 2023
To
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W.P.No.3826 of 2023
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(drm)
W.P.No.3826 of 2023
20.07.2023
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1 issue framed by the court
Whether the respondents are under a duty to remove encroachments on public temple lands and collect lease amounts.
S.Rajagopal
The Principals Secretary to Government of Tourism, Culture and Religious Endowments Department
The Commissioner of Hindu Religious Endowments Department
The Commissioner of Archives Department of Archaelogy
The Joint Commissioner of Hindu Religious Endowments Department
The District Collector Salem District
Sanjay V. Gangapurwala
P.D. Audikesavalu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
