Mr.E.Padmanaban Vs The Chief Secretary Government of

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari calling for the records pertaining to the impugned order of the first respondent in G.O.MS.NO.236 dated 06.09.2016 Tourism Culture and Religious Endowments Department granting Permission to sell the property to Tamil Nadu Police Department which is comprised in S.No.288 having an extent of 8.98 Acres of the Arulmigu Mariamman Temple, Andipalayam Village and quash the same as illegal and invalid.

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For Petitioner : Mr.R.Sanjay for M/s.R.Sivamoorthy For Respondents : Mr.N.R.R.Arun Natarajan for R1 to R3 Special Government Pleader Ms.G.Sumitra for R4 Mr.S.Balaji for R5 Government Advocate (Crl. Side)

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O R D E R

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The petitioner has filed this writ petition seeking issuance of Writ of Certiorari calling for the records pertaining to the order of the first respondent in G.O.MS.NO.236 dated 06.09.2016 Tourism Culture and Religious Endowments Department granting Permission to sell the property to Tamil Nadu Police Department which is comprised in S.No.288 having an extent of 8.98 Acres of the Arulmigu Mariamman Temple, Andipalayam Village and quash the same as illegal and invalid.

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

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W.P.No.16927 of 2020

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2.The learned counsel appearing for the petitioner submitted

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that the petitioner is devotee of Arulmigu Mariamman Temple situated at Andipalayam, Tiruppur Taluk and District and the said Temple belonged to the villages namely, Periyandipalayam, Chinnandipalayam, Chinniya Goundanpalayam Puthur, Kulle Goundanpalayam and Kulathu Puthur. The Temple own several properties including the lands in S.No.288 measuring an extent of 8.98 Acres and the Government issued Government Order vide G.O.Ms.236 Tourism Culture and Religious Endowments Department dated 06.09.2016 granting permission to sell the said land to the Police Department.

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3.The learned Special Government Pleader appearing for the respondents 1 to 3 submitted that the issue arises in the writ petition is no longer res integra. Already the Hon'ble Division Bench of this Court has held that Temple land cannot be alienated and it can only be let on lease in Suo Motu W.P.No.574 of 2015 and WP(MD)No.24178 of 2018 dated 07.06.2021. Hence, this Court may set aside the impugned Government Order and grant liberty to the respondents to convert alienation as lease for the benefit of the Temple and the sale consideration paid by the Police Department to the HR & CE will be

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W.P.No.16927 of 2020

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converted as lease deposit to be deposited in the name of the fourth respondent Temple.

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4.In view of the fair submission made by the learned Special Government Pleader, the Government Order in G.O.Ms.No.236 Tourism Culture and Religious Endowments Department dated 06.09.2016 is hereby set aside. There shall be a direction to all the beneficiary department to enter lease with the fourth respondent in the presence of the third respondent, within a period of six weeks from the date of receipt of a copy of this order. The third respondent is directed to follow the order passed by the Hon'ble Division Bench of this Court in Suo Motu W.P.No.574 of 2015 and WP(MD)No.24178 of 2018 dated 07.06.2021 and the procedure contemplated under Section 34 of the HR & CE Act.

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5.The writ petition is allowed on the above terms. No costs. Consequently, connected miscellaneous petitions are closed.

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22.09.2025

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pri

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Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No

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