Madrasdated High Court · 2025

W.P.No.10088 of 2021 Now Working as Assistant Commissioner/ Executive officer Arulmigu Sangameswarar Swamy Temple Bhavani 638301 24. Tmt. Kalaiselvi Previous Fit Persons Arulmugu Kannanur Mariamman Temple Omalur Town- 636455 Salem Dist Now Working as Executive officer Arulmigu Ekambrareswarar Swamy Temple Kadai Veethi Salem Town - 636001 25. Thiru O. E. Sivamahendran, 43 years S/o. (Late) O.K.Ekambaram Trustee Arulmigu Kottai Mariamman Temple Omalur Town Residence at Kannanur Mariamman Temple Street Omalur- 636455 Salem District. 26. Thiru.K.Arunachalam S/o.Kuppan27. Thiru.K.Srinivasan S/o.Kuppan28. The Fit PersonPage 5 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021 Arulmigu Kannanur Mariamman Tmeple Omalur Town – 636 455 Salem District... RespondentsPetition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing respondents 2 to 5 to take appropriate action to remove the encroachment found in 28th respondent temple in S.F.No.110/1, 184/2 & 111/2 to an extent of 3.63, 1.40 & 1.85 acres at Omalur Village & Taluk, Salem District and consequently issue direction directing the respondents 2 to 5 to initiate appropriate departmental and criminal action as against the erring officials who failed to secure the 28th respondent temple property and deduct the loss of the said temple from and out of the erring officials service benefits by considering petitioner representation dated 22.07.2016.For Petitioner : Mr.A.RadhakrishnanParty-in-personFor Respondents : Mr.T.K.Saravanan Govt. Advocate for R1 to R8, R10 to R17 & R21Mr.N.R.R.Arun NatarajanSpecial Government Pleader (HR & CE)for R9, R18 to R20, R28Page 6 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021Mr.D.Magesh for R25Mr.K.B.Vivekanandhan for R26 and 27No appearance for R22 to R24O R D E R (Order of the Court was made by M.SUNDAR, J.)Captioned writ petition pertains to alleged encroachment in 'S.F.No.110/1 (admeasuring 3.63 acres or thereabouts), S.No.184/2 (admeasuring 1.40 acres or thereabouts) and S.No.111/2 (admeasuring 1.85 acres or thereabouts) at Omalur Village, Omalur Taluk, Salem District' [hereinafter 'said lands' for the sake of convenience].2. Writ petitioner Thiru.Radhakrishnan, appearing party-in-person submits that there is large scale encroachments qua said lands, action has not been initiated in spite of persistent efforts and that has necessitated the filing of the captioned main writ petition.3. Writ petitioner submits that said lands belong to 'Arulmigu Kannanur Marriamman Temple, Omalur Town, Salem District, Pin: 636 455' [hereinafter 'said temple' for the sake of convenience and clarity]. Page 7 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021It will suffice to say that Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) is before us on behalf of R9, R18 to R20 and R28. To put it differently, learned State counsel Mr.N.R.R.Arun Natarajan represents 'Tamilnadu Hindu Religious and Charitable Endowments Department' [hereinafter 'TN HR&CE Dept.' for the sake of brevity]. Mr.T.K.Saravanan, learned Government Advocate represents the other official respondents (R1 to R8, R10 to R17 & R21). Mr.D.Magesh, learned counsel is before us on behalf of R25 and Mr.K.B.Vivekanandhan, learned counsel is before us on behalf of R26 & R27. To be noted, R25 has been described as 'Trustee of said Temple' and according to writ petitioner, R26 and R27 are alleged encroachers. To be noted, Mr.A.Karthik, son of Mr.Ayyanar, resisting at 14/7, Harijana Hostel Street, Omalar Town and Taluk, Salem District was present in Court. Mr.A.Karithik placed before us proceedings of R19 dated 29.08.2023 bearing reference br/K/e/f/vz;/6894/2023/M2 and a scanned reproduction of the same is as follows:Page 8 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021Page 9 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021Page 10 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021Page 11 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021Page 12 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021Page 13 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 20214. This means that Mr.A.Karthik is a non-hereditary trustee qua said temple.5. Be that as it may, when the matter was taken up, learned Special Government Pleader for TN HR & CE Dept. Mr.N.R.R.Arun Natarajan submitted on written instructions that proceedings for removal of encroachment under Section 78 of 'The Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959 (Act 22 of 1959)' [hereinafter 'TN HR & CE Act' for the sake of brevity] have since been initiated as regards Page 14 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021said lands. Learned State counsel has placed before us a copy of the written instructions / communication in this regard from jurisdictional Inspector of TN HR & CE Dept. and a scanned reproduction of the same is as follows:Page 15 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021Page 16 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 20216. To be noted, the above may qualify as privileged communication vide the Indian Evidence Act, 1872 but State counsel has fairly waived the same and placed before us the communication to assist and aid the Court. 7. Learned State counsel for TN HR & CE Dept. also submits on further instructions that Section 78 proceedings, which are underway, are three in number and that the same would be concluded as expeditiously as the business of R18 would permit but in any event within six months from today i.e., by 08.07.2025. This submission is recorded. 8. Section 78 proceedings being underway means that alleged encroachers would be show-caused and would be given opportunity to participate in the enquiry before R18. This puts in safety valve as regards alleged encroachers. In any event, merely for the sake of completion of facts we record the submission of writ petitioner that a stone quarry is being worked in said lands.Page 17 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 20219. Though obvious, we make it clear that we have not expressed any view or opinion on the merits of the matter, which means Section 78 proceedings will proceed on its own merits and in accordance with law untrammeled by any observation in this order. 10. The narrative thus far makes it clear that the interest of all concerned remain preserved while proceedings for removal of alleged encroachments are underway. One other limb of the prayer pertains to action against alleged erring officials. This can be considered only on conclusion of 78 proceedings and we make it clear that this limb will be considered suitably subject to outcome of 78 proceedings.11. Be that as it may, adverting to the residuary limb of the prayer, writ petitioner submits that the said temple is closed and that it is not open to general public. We requisition a report in this regard from R19 [The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Salem- 636001].Page 18 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 202112. Ergo, the sequitur is, captioned Writ Petition is disposed of as closed recording the stated position of learned State counsel for TN HR & CE Dept. Consequently, captioned writ miscellaneous petition is also closed. There shall be no order as to costs. [M.S., J] [K.R.S., J]Index: Yes/No 08.01.2025Neutral Citation: Yes/NoSpeaking order / Non-speaking ordergpaP.S: Though this writ petition is disposed of, list this writ petition under the cause list caption 'FOR REPORT' (to be noted, report is restricted to paragraph 11 of this order) on 05.02.2025.To1. The Secretary to Government Personnel and Administrative Reforms Department Secretariat Chennai- 600 0092. The Secretary to Government Revenue Department, Secretariat Chennai- 600 009Page 19 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 20213. The Secretary to Government Home Department Secretariat Chennai- 600 0094. The Secretary to Government Industries Department Secretariat Chennai- 600 0095. The Secretary to Government Tourism Culture & Endowments Department Secretariat Chennai- 600 0096. Thiru.K. Panindra Reddy, IAS Previous Commissioner Hindu Religious and Charitable Endowments Department 119, Nungambakkam High Road Chennai – 34 Now working as Commissioner of Revenue Administration Chepauk, Chennai – 600 0057. The Commissioner of Land Administration Chepauk Chennai – 600 005Page 20 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 20218. The Commissioner of Geology and Mining Guindy Chennai – 600 0329. The Commissioner Hindu Religious & Charitable Endowments Department 119, Nungambakkam High Road Chennai – 600 03410. The Director General of Police Dr.Radhakrishnan Salai Chennai – 600 00411. The Director of Vigilance & Anti-Corruption 292, MKN Road Alandur Chennai – 600 01612. The District Collector Salem – 636 00113. The Deputy Inspector General of Police Salem – 636 00714. The Deputy Inspector General of Registrations 3rd Floor, Collectorate Salem – 636 00115. The Sub Divisional Executive Magistrate cum Sub-Collector MatturPage 21 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021 Salem District16. The Assistant Director of Geology and Mining Collectorate Salem – 636 00117. The Assistant Director of Survey & Land Records Collectorate Salem – 636 00118. The Joint Commissioner Hindu Religious and Charitable Endowments Department Salem- 636001 19. The Assistant Commissioner Hindu Religious and Charitable Endowments Department Salem- 636001 20. The Assistant Commissioner Hindu Religious and Charitable Endowments Department Salem- 636001 21. The Inspector of Police Omalur Town- 636455 Salem District 22. Thiru O. E. Sivamahendran, 43 years S/O. (Late) O.K.Ekambaram Trustee, Arulmigu Kottai Mariamman Temple Omalur Town Residence at Kannanur Mariamman Temple Street Omalur- 636455 Page 22 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021 Salem District. M.SUNDAR,J.,andK.RAJASEKAR, J.,gpaW.P.No.10088 of 202108.01.2025Page 23 of 23

W.P.No.10088 of 2021 Now Working as Assistant Commissioner/ Executive officer Arulmigu Sangameswarar Swamy Temple Bhavani 638301 24. Tmt. Kalaiselvi Previous Fit Persons Arulmugu Kannanur Mariamman Temple Omalur Town- 636455 Salem Dist Now Working as Executive officer Arulmigu Ekambrareswarar Swamy Temple Kadai Veethi Salem Town - 636001 25. Thiru O. E. Sivamahendran, 43 years S/o. (Late) O.K.Ekambaram Trustee Arulmigu Kottai Mariamman Temple Omalur Town Residence at Kannanur Mariamman Temple Street Omalur- 636455 Salem District. 26. Thiru.K.Arunachalam S/o.Kuppan27. Thiru.K.Srinivasan S/o.Kuppan28. The Fit PersonPage 5 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021 Arulmigu Kannanur Mariamman Tmeple Omalur Town – 636 455 Salem District... RespondentsPetition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing respondents 2 to 5 to take appropriate action to remove the encroachment found in 28th respondent temple in S.F.No.110/1, 184/2 & 111/2 to an extent of 3.63, 1.40 & 1.85 acres at Omalur Village & Taluk, Salem District and consequently issue direction directing the respondents 2 to 5 to initiate appropriate departmental and criminal action as against the erring officials who failed to secure the 28th respondent temple property and deduct the loss of the said temple from and out of the erring officials service benefits by considering petitioner representation dated 22.07.2016.For Petitioner : Mr.A.RadhakrishnanParty-in-personFor Respondents : Mr.T.K.Saravanan Govt. Advocate for R1 to R8, R10 to R17 & R21Mr.N.R.R.Arun NatarajanSpecial Government Pleader (HR & CE)for R9, R18 to R20, R28Page 6 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021Mr.D.Magesh for R25Mr.K.B.Vivekanandhan for R26 and 27No appearance for R22 to R24O R D E R (Order of the Court was made by M.SUNDAR, J.)Captioned writ petition pertains to alleged encroachment in 'S.F.No.110/1 (admeasuring 3.63 acres or thereabouts), S.No.184/2 (admeasuring 1.40 acres or thereabouts) and S.No.111/2 (admeasuring 1.85 acres or thereabouts) at Omalur Village, Omalur Taluk, Salem District' [hereinafter 'said lands' for the sake of convenience].2. Writ petitioner Thiru.Radhakrishnan, appearing party-in-person submits that there is large scale encroachments qua said lands, action has not been initiated in spite of persistent efforts and that has necessitated the filing of the captioned main writ petition.3. Writ petitioner submits that said lands belong to 'Arulmigu Kannanur Marriamman Temple, Omalur Town, Salem District, Pin: 636 455' [hereinafter 'said temple' for the sake of convenience and clarity]. Page 7 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021It will suffice to say that Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) is before us on behalf of R9, R18 to R20 and R28. To put it differently, learned State counsel Mr.N.R.R.Arun Natarajan represents 'Tamilnadu Hindu Religious and Charitable Endowments Department' [hereinafter 'TN HR&CE Dept.' for the sake of brevity]. Mr.T.K.Saravanan, learned Government Advocate represents the other official respondents (R1 to R8, R10 to R17 & R21). Mr.D.Magesh, learned counsel is before us on behalf of R25 and Mr.K.B.Vivekanandhan, learned counsel is before us on behalf of R26 & R27. To be noted, R25 has been described as 'Trustee of said Temple' and according to writ petitioner, R26 and R27 are alleged encroachers. To be noted, Mr.A.Karthik, son of Mr.Ayyanar, resisting at 14/7, Harijana Hostel Street, Omalar Town and Taluk, Salem District was present in Court. Mr.A.Karithik placed before us proceedings of R19 dated 29.08.2023 bearing reference br/K/e/f/vz;/6894/2023/M2 and a scanned reproduction of the same is as follows:Page 8 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021Page 9 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021Page 10 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021Page 11 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021Page 12 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021Page 13 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 20214. This means that Mr.A.Karthik is a non-hereditary trustee qua said temple.5. Be that as it may, when the matter was taken up, learned Special Government Pleader for TN HR & CE Dept. Mr.N.R.R.Arun Natarajan submitted on written instructions that proceedings for removal of encroachment under Section 78 of 'The Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959 (Act 22 of 1959)' [hereinafter 'TN HR & CE Act' for the sake of brevity] have since been initiated as regards Page 14 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021said lands. Learned State counsel has placed before us a copy of the written instructions / communication in this regard from jurisdictional Inspector of TN HR & CE Dept. and a scanned reproduction of the same is as follows:Page 15 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021Page 16 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 20216. To be noted, the above may qualify as privileged communication vide the Indian Evidence Act, 1872 but State counsel has fairly waived the same and placed before us the communication to assist and aid the Court. 7. Learned State counsel for TN HR & CE Dept. also submits on further instructions that Section 78 proceedings, which are underway, are three in number and that the same would be concluded as expeditiously as the business of R18 would permit but in any event within six months from today i.e., by 08.07.2025. This submission is recorded. 8. Section 78 proceedings being underway means that alleged encroachers would be show-caused and would be given opportunity to participate in the enquiry before R18. This puts in safety valve as regards alleged encroachers. In any event, merely for the sake of completion of facts we record the submission of writ petitioner that a stone quarry is being worked in said lands.Page 17 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 20219. Though obvious, we make it clear that we have not expressed any view or opinion on the merits of the matter, which means Section 78 proceedings will proceed on its own merits and in accordance with law untrammeled by any observation in this order. 10. The narrative thus far makes it clear that the interest of all concerned remain preserved while proceedings for removal of alleged encroachments are underway. One other limb of the prayer pertains to action against alleged erring officials. This can be considered only on conclusion of 78 proceedings and we make it clear that this limb will be considered suitably subject to outcome of 78 proceedings.11. Be that as it may, adverting to the residuary limb of the prayer, writ petitioner submits that the said temple is closed and that it is not open to general public. We requisition a report in this regard from R19 [The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Salem- 636001].Page 18 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 202112. Ergo, the sequitur is, captioned Writ Petition is disposed of as closed recording the stated position of learned State counsel for TN HR & CE Dept. Consequently, captioned writ miscellaneous petition is also closed. There shall be no order as to costs. [M.S., J] [K.R.S., J]Index: Yes/No 08.01.2025Neutral Citation: Yes/NoSpeaking order / Non-speaking ordergpaP.S: Though this writ petition is disposed of, list this writ petition under the cause list caption 'FOR REPORT' (to be noted, report is restricted to paragraph 11 of this order) on 05.02.2025.To1. The Secretary to Government Personnel and Administrative Reforms Department Secretariat Chennai- 600 0092. The Secretary to Government Revenue Department, Secretariat Chennai- 600 009Page 19 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 20213. The Secretary to Government Home Department Secretariat Chennai- 600 0094. The Secretary to Government Industries Department Secretariat Chennai- 600 0095. The Secretary to Government Tourism Culture & Endowments Department Secretariat Chennai- 600 0096. Thiru.K. Panindra Reddy, IAS Previous Commissioner Hindu Religious and Charitable Endowments Department 119, Nungambakkam High Road Chennai – 34 Now working as Commissioner of Revenue Administration Chepauk, Chennai – 600 0057. The Commissioner of Land Administration Chepauk Chennai – 600 005Page 20 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 20218. The Commissioner of Geology and Mining Guindy Chennai – 600 0329. The Commissioner Hindu Religious & Charitable Endowments Department 119, Nungambakkam High Road Chennai – 600 03410. The Director General of Police Dr.Radhakrishnan Salai Chennai – 600 00411. The Director of Vigilance & Anti-Corruption 292, MKN Road Alandur Chennai – 600 01612. The District Collector Salem – 636 00113. The Deputy Inspector General of Police Salem – 636 00714. The Deputy Inspector General of Registrations 3rd Floor, Collectorate Salem – 636 00115. The Sub Divisional Executive Magistrate cum Sub-Collector MatturPage 21 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021 Salem District16. The Assistant Director of Geology and Mining Collectorate Salem – 636 00117. The Assistant Director of Survey & Land Records Collectorate Salem – 636 00118. The Joint Commissioner Hindu Religious and Charitable Endowments Department Salem- 636001 19. The Assistant Commissioner Hindu Religious and Charitable Endowments Department Salem- 636001 20. The Assistant Commissioner Hindu Religious and Charitable Endowments Department Salem- 636001 21. The Inspector of Police Omalur Town- 636455 Salem District 22. Thiru O. E. Sivamahendran, 43 years S/O. (Late) O.K.Ekambaram Trustee, Arulmigu Kottai Mariamman Temple Omalur Town Residence at Kannanur Mariamman Temple Street Omalur- 636455 Page 22 of 23 https://www.mhc.tn.gov.in/judis W.P.No.10088 of 2021 Salem District. M.SUNDAR,J.,andK.RAJASEKAR, J.,gpaW.P.No.10088 of 202108.01.2025Page 23 of 23