Dr.S.Ashokkumar Vs the Additional Chief Secretary/Commissioner

The Executive Officer Office of the Executive Officer H.R. & C.E. Department Arulmigu Thanthonreeswarar Temple Campus Belur Post Vazhappady Taluk Salem District 636 104

¶20

The Village Administrative Officer Belur Village Vazhappadi Taluk Salem District

¶21

D. Ramamoorthy Respondents

¶22

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the fifth respondent to implement the order passed by the fourth respondent in his proceedings vide O.Mu.No.4047/2024/Aa3 dated 21.01.2025 and thereby remove the encroachment made by the eighth respondent in the Government poramboke land comprised in Survey No.349/15 situated at Belur Village, Vazhappadi Taluk, Salem District and restore the pathway within a time frame.

¶23

For petitioner Mr. S. Selvakumar For RR 1 to 5 & 7 Mr. T.K. Saravanan Addl. Govt. Pleader For R6 Mr. S. Ravichandran Addl. Govt. Pleader (HR & CE)

¶24

- - - - - -

¶25

Page Nos.2/8

¶26

https://www.mhc.tn.gov.in/judis

¶27

W.P. No.14308 of 2025

¶28

ORDER

¶29

[made by M. SUNDAR, J.]

¶30

Captioned 'writ petition' (hereinafter 'WP' for the sake of brevity) has been filed with a prayer seeking issue of a writ of mandamus i.e., to mandamus R5 (Tahsildar) to implement a communication dated dated 21.01.2025 bearing reference O.Mu.No.4047/2024/Aa3, a

¶31

scanned reproduction of which is as follows:

¶32

Page Nos.3/8

¶33

https://www.mhc.tn.gov.in/judis

¶34

W.P. No.14308 of 2025

¶35

Writ petitioner is unable to demonstrate his locus qua

¶36

Arulmigu Thanthonreeswarar Temple. Therefore, we discharge the writ petitioner and substitute the writ petitioner by way of Executive Officer of said temple who is R6 before us. To be noted, Executive Officer is appointed under Section 45 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Act 22 of 1959) [hereinafter 'TN HR & CE Act' for the sake of brevity]. It is also to be noted that writ petitioner is unable to demonstrate any averment in the writ support affidavit to the effect that writ petitioner is a person interested in the temple within the meaning of sub-section (15) of Section 6 of TN HR & CE Act.

¶37

Issue notice to official respondents.

¶38

Mr. T.K. Saravanan, learned Additional Government

¶39

Pleader, accepts notice for RR 1 to 5 and 7 and Mr. S. Ravichandran, learned Additional Government Pleader (TN HR & CE), accepts notice for R6.

¶40

Page Nos.4/8

¶41

https://www.mhc.tn.gov.in/judis

¶42

W.P. No.14308 of 2025

¶43

Learned State counsel for RR 1 to 5 and 7 submits that survey has to be conducted and if any encroachment is noticed in the survey, be it by private respondent (R8) or any other encroacher, suitable action under appropriate/applicable law will be commenced.

¶44

In the light of the stated position of the learned State counsel for RR 1 to 5 and 7, we deem it appropriate to protect / preserve all the rights and contentions of R8, more particularly if R8 is show caused, on this basis, dispensing with notice to R8, we take up the captioned (main) WP with the consent of learned counsel for writ petitioner, learned State counsel for RR 1 to 5 and 7 and learned State counsel for R6 in the Admission Board.

¶45

As a sequitur to narrative and discussion supra , the

¶46

following order is made:

¶47

i. R5 shall conduct a survey of lands comprised in S.No.349/15 in Belur Village, Vazhappadi Taluk, Salem District, after putting on notice RR 6 and 8, as expeditiously as the official business of R5 would permit but in any event within six weeks from today i.e., on or before 04.06.2025;

¶48

Page Nos.5/8

¶49

https://www.mhc.tn.gov.in/judis

¶50

W.P. No.14308 of 2025

¶51

ii. Post survey in the aforesaid manner, a survey report shall be drawn up. In the survey report, if encroachment is noticed either by R8 or by any other encroacher qua said land, suitable action shall be commenced by the official respondents i.e., suitable action for removal of encroachment, within six weeks from 04.06.2025 i.e., on or before 16.07.2025;

¶52

iii. Though obvious, we make it clear that commencement of suitable action under appropriate / applicable law necessarily means R8 and/or any other encroacher being show caused/being given an opportunity; and

¶53

iv. If such a scenario unfurls, as already alluded to supra , all the rights and contentions of R8 and/or any other alleged encroacher, will stand unaffected by this order and it will be open to the noticee concerned to raise all the points available in response to the show cause notice or when opportunity is given.

¶54

Captioned WP stands disposed of in the aforesaid manner. There

¶55

shall be no order as to costs.

¶56

(M.S., J.) (K.G.T., J.) 23.04.2025

¶57

cad

¶58

Page Nos.6/8

¶59

https://www.mhc.tn.gov.in/judis

¶60

W.P. No.14308 of 2025

¶61

Index	: Yes/No
NC To:	: Yes/No
1.	The Additional Chief Secretary/Commissioner Revenue and Disaster Management Department Ezhilagam Chepauk Chennai 600 005
2.	The District Collector Salem District
3.	The District Revenue Officer Collectorate Office Campus Salem – 636 001
4.	The Revenue Divisional Officer Near Fire Statiion Suramangalam Salem 636 005
5.	The Tahsildar Taluk Office Vazhappadi Salem 636 115
6.	The Executive Officer Office of the Executive Officer H.R. & C.E. Department Arulmigu Thanthonreeswarar Temple Campus Belur Post Vazhappady Taluk Salem District 636 104
7.	The Village Administrative Officer Belur Village Vazhappadi Taluk Salem District