High Court · 2024

W.P.No.16309 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 25.06.2024CORAMTHE HONOURABLE MR.JUSTICE M.SUNDARandTHE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADIW.P.No.16309 of 2024B.Megarajan... Petitioner Vs.1. The Commissioner Hindu Religious and Charitable Endowment Department No.119, Uthammar Gandhi Salai Nungambakkam, Chennai – 600 0342. The Joint Commissioner Hindu Religious and Charitable Endowment Department No.8, Attangarai Salai Pudupalayam Cuddalore District3. The Executive Officer Arulmigu Sri Lakshmi Narayana Perumal Temple Sirukalathoor Jayankondam Udayarpalayam Taluk Ariyalur DistrictPage Nos.1/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 2024Page Nos.2/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 20244. The District Collector Ariyalur Ariyalur District5. The Special Tahsildar (Temple Land) The District Collector Office Ariyalur – 621 704 Ariyalur District6. S.Selvi7. R.Sankar8. The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Ariyalur District ... Respondents (R8 suo motu impleaded vide this order)Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to take emergent steps to remove the encroachment made in Arulmighu Sri Lakshmi Narayana Perumal Temple situated in Survey Nos.102/11, 112/1, 156/15A, 156/15B,169/3, 209/4, 72/1, 87/4 and 92/5, Sirukalathur Village, Sendurai Taluk, Ariyalur District under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and Amendment Act, 39 of 1996 by considering petitioner representation dated 25.03.2024. For Petitioners : Mr.G.ArumugarajaFor Respondents:Mr.S.RavichandranAdditional Government Pleaderfor R1 to R3Mr.A.SelvendranPage Nos.3/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 2024Spl. Govt. Pleader for R4 and R5 O R D E R[Order of the Court was made by M.SUNDAR, J.,]Captioned 'Writ Petition' ['WP' for the sake of brevity] pertains to lands comprised in nine different survey numbers i.e., Survey Nos.102/11, 112/1, 156/15A, 156/15B, 169/3, 209/4, 72/1, 87/4 and 92/5, all in Sirukalathur Village, Sendurai Taluk, Ariyalur District' [hereinafter 'said land' for the sake of convenience and clarity]. 2. It is represented that said lands belongs to a temple, namely 'Arulmigu Sri Lakshmi Narayana Perumal Temple situate in Sirukalathoor, Jayamkondam, Udayarpalayam Taluk, Ariyalur District' [hereinafter 'said temple' for the sake of convenience and clarity]. Said temple is a public temple vide 'the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959' (Tamil Nadu Act 22 of 1959)' {hereinafter 'TN HR & CE Act' for the sake of brevity}.Page Nos.4/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 20243. Said lands have been encroached upon inter alia by R6 and R7 is the complaint before us. To be noted, R6 and R7 are private respondents.4. Under TN HR & CE Act, 'person having interest' has been defined under Section 6(15). We find that there is no averment whatsoever in the writ affidavit which goes to show that the writ petitioner qualifies qua 'person having interest' within the meaning of Section 6(15) of TN HR & CE Act qua said temple. 5. Be that as it may, the prayer in the writ petition is to kick start proceedings under Section 78 of TN HR & CE Act but the jurisdictional Assistant Commissioner of 'Tamil Nadu Hindu Religious and Charitable Endowments Department' [hereinafter TN HR & CE Dept.' for the sake of convenience] has not been arrayed as one of the co-respondents. 6. The law is well settled that the idol is in the status of a minor and the Court is the guardian / parens patriae qua temple properties. Hon'ble Supreme Court in A.A.Gopalakrishnan case law [A.A.Gopalakrishnan Page Nos.5/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 2024Vs.Cochin Devaswom Board and Ors., reported in (2007) 7 SCC 482], has held that it is the duty of the Courts to protect and safeguard the temple properties. In this view of the matter, we discharge the writ petitioner but we look into the matter which has been brought to our notice in our capacity as guardian/custodia legis. 7. Issue notice to official respondents.8. Mr.S.Ravichandran, learned Additional Government Pleader accepts notice for R1 to R3 and Mr.A.Selvendran, learned Special Government Pleader accepts notice for R4 and R5.9. As we are taking up the main writ petition in the Admission Board, we are acutely conscious that the private respondents (R6 and R7) are not before us and therefore adequate safety valve qua R6 and R7 and other similarly placed persons will not only be put in place but we have also noticed that it has been statutorily built into Section 78 of TN HR & CE legal drill.Page Nos.6/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 202410. Mr.S.Ravichandran, learned Additional Government Pleader for TN HR & CE Dept. submitted, on instructions, that Section 78 proceedings have already been kick started qua 8 out of the 9 survey numbers (with the exception of S.No.156/15A), as many as 34 alleged encroachers have been identified and proceedings are underway. As regards S.No.156/15A, we are informed that separate proceedings are under way and the same shall proceed on its own merits and in accordance with law. Learned State counsel also placed before us records in this regard and we had the benefit of perusing the same.11. As Section 78 proceedings have been kick started, we are given to understand that alleged encroachers including R6 and R7 and other encroachers will be put on notice in accordance with the procedure under Section 78 of TN HR & CE Act. To be noted, the legal drill qua Section 78 of TN HR & CE Act will be by R2 as the power in this regard is statutorily vested with R2 vide Section 78 of TN HR & CE Act. Proceedings are to be commenced on the basis of report from the jurisdictional Assistant Commissioner as already alluded to supra but the jurisdictional Assistant Page Nos.7/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 2024Commissioner has not been arrayed as co-respondent and we therefore exercise our suo motu power and implead jurisdictional Assistant Commissioner i.e., The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Ariyalur District as R8. Registry to carry out necessary and consequential amendments in the case file and in the order before uploading and before issuing certified copies.12. Let Section 78 proceedings that have already been commenced be continued and concluded on their own merits and in accordance with law as expeditiously as the business of R2 would permit but in any event within 16 weeks i.e., by 15.10.2024.13. To be noted, alleged encroachers i.e., those similarly placed persons like R6 and R7 will be put on notice as captured supra and this is the safety valve qua private respondents who are not before us and that is the basis on which main writ petition has been taken up and the same is being disposed of.Page Nos.8/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 202414. Captioned writ petition disposed of with the aforesaid simple directive/observation. Though obvious we make it clear that we have not expressed any view or opinion on the merits of the matter and all the rights and contentions of R6 and R7 and any other similarly placed persons are preserved for being adjudicated in the Section 78 legal drill which we are informed is underway.15. Captioned writ petition disposed of in the aforesaid manner. There shall be no order as to costs. (M.S.,J.)(K.G.T.,J.) 25.06.2024Index : Yes / NoNeutral Citation : Yes / NogpaP.S. I: Upload forthwithP.S.II : All concerned including Registry of Madras High Court to act forthwith on the uploaded soft copy of this proceedings as uploaded in the official website of this Court. To be noted, the soft copies uploaded in the official website of this Court are water marked, besides being QR Coded.P.S.III: Registry to communicate this order to the Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Ariyalur District P.S.IV: Though the captioned Writ Petition is disposed of by this order, let the writ petition appear in the cause list under the cause list caption 'FOR REPORTING COMPLIANCE' on 18.10.2024.Page Nos.9/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 2024To1. The Commissioner Hindu Religious and Charitable Endowment Department No.119, Uthammar Gandhi Salai Nungambakkam, Chennai – 600 0342. The Joint Commissioner Hindu Religious and Charitable Endowment Department No.8, Attangarai Salai Pudupalayam Cuddalore District3. The Executive Officer Arulmigu Sri Lakshmi Narayana Perumal Temple Sirukalathoor Jayankondam Udayarpalayam Taluk Ariyalur District4. The District Collector Ariyalur Ariyalur District5. The Special Tahsildar (Temple Land) The District Collector Office Ariyalur – 621 704 Ariyalur District6. The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Ariyalur DistrictPage Nos.10/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 2024M.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,gpaW.P.No.16309 of 202425.06.2024Page Nos.11/11

W.P.No.16309 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 25.06.2024CORAMTHE HONOURABLE MR.JUSTICE M.SUNDARandTHE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADIW.P.No.16309 of 2024B.Megarajan... Petitioner Vs.1. The Commissioner Hindu Religious and Charitable Endowment Department No.119, Uthammar Gandhi Salai Nungambakkam, Chennai – 600 0342. The Joint Commissioner Hindu Religious and Charitable Endowment Department No.8, Attangarai Salai Pudupalayam Cuddalore District3. The Executive Officer Arulmigu Sri Lakshmi Narayana Perumal Temple Sirukalathoor Jayankondam Udayarpalayam Taluk Ariyalur DistrictPage Nos.1/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 2024Page Nos.2/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 20244. The District Collector Ariyalur Ariyalur District5. The Special Tahsildar (Temple Land) The District Collector Office Ariyalur – 621 704 Ariyalur District6. S.Selvi7. R.Sankar8. The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Ariyalur District ... Respondents (R8 suo motu impleaded vide this order)Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to take emergent steps to remove the encroachment made in Arulmighu Sri Lakshmi Narayana Perumal Temple situated in Survey Nos.102/11, 112/1, 156/15A, 156/15B,169/3, 209/4, 72/1, 87/4 and 92/5, Sirukalathur Village, Sendurai Taluk, Ariyalur District under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and Amendment Act, 39 of 1996 by considering petitioner representation dated 25.03.2024. For Petitioners : Mr.G.ArumugarajaFor Respondents:Mr.S.RavichandranAdditional Government Pleaderfor R1 to R3Mr.A.SelvendranPage Nos.3/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 2024Spl. Govt. Pleader for R4 and R5 O R D E R[Order of the Court was made by M.SUNDAR, J.,]Captioned 'Writ Petition' ['WP' for the sake of brevity] pertains to lands comprised in nine different survey numbers i.e., Survey Nos.102/11, 112/1, 156/15A, 156/15B, 169/3, 209/4, 72/1, 87/4 and 92/5, all in Sirukalathur Village, Sendurai Taluk, Ariyalur District' [hereinafter 'said land' for the sake of convenience and clarity]. 2. It is represented that said lands belongs to a temple, namely 'Arulmigu Sri Lakshmi Narayana Perumal Temple situate in Sirukalathoor, Jayamkondam, Udayarpalayam Taluk, Ariyalur District' [hereinafter 'said temple' for the sake of convenience and clarity]. Said temple is a public temple vide 'the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959' (Tamil Nadu Act 22 of 1959)' {hereinafter 'TN HR & CE Act' for the sake of brevity}.Page Nos.4/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 20243. Said lands have been encroached upon inter alia by R6 and R7 is the complaint before us. To be noted, R6 and R7 are private respondents.4. Under TN HR & CE Act, 'person having interest' has been defined under Section 6(15). We find that there is no averment whatsoever in the writ affidavit which goes to show that the writ petitioner qualifies qua 'person having interest' within the meaning of Section 6(15) of TN HR & CE Act qua said temple. 5. Be that as it may, the prayer in the writ petition is to kick start proceedings under Section 78 of TN HR & CE Act but the jurisdictional Assistant Commissioner of 'Tamil Nadu Hindu Religious and Charitable Endowments Department' [hereinafter TN HR & CE Dept.' for the sake of convenience] has not been arrayed as one of the co-respondents. 6. The law is well settled that the idol is in the status of a minor and the Court is the guardian / parens patriae qua temple properties. Hon'ble Supreme Court in A.A.Gopalakrishnan case law [A.A.Gopalakrishnan Page Nos.5/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 2024Vs.Cochin Devaswom Board and Ors., reported in (2007) 7 SCC 482], has held that it is the duty of the Courts to protect and safeguard the temple properties. In this view of the matter, we discharge the writ petitioner but we look into the matter which has been brought to our notice in our capacity as guardian/custodia legis. 7. Issue notice to official respondents.8. Mr.S.Ravichandran, learned Additional Government Pleader accepts notice for R1 to R3 and Mr.A.Selvendran, learned Special Government Pleader accepts notice for R4 and R5.9. As we are taking up the main writ petition in the Admission Board, we are acutely conscious that the private respondents (R6 and R7) are not before us and therefore adequate safety valve qua R6 and R7 and other similarly placed persons will not only be put in place but we have also noticed that it has been statutorily built into Section 78 of TN HR & CE legal drill.Page Nos.6/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 202410. Mr.S.Ravichandran, learned Additional Government Pleader for TN HR & CE Dept. submitted, on instructions, that Section 78 proceedings have already been kick started qua 8 out of the 9 survey numbers (with the exception of S.No.156/15A), as many as 34 alleged encroachers have been identified and proceedings are underway. As regards S.No.156/15A, we are informed that separate proceedings are under way and the same shall proceed on its own merits and in accordance with law. Learned State counsel also placed before us records in this regard and we had the benefit of perusing the same.11. As Section 78 proceedings have been kick started, we are given to understand that alleged encroachers including R6 and R7 and other encroachers will be put on notice in accordance with the procedure under Section 78 of TN HR & CE Act. To be noted, the legal drill qua Section 78 of TN HR & CE Act will be by R2 as the power in this regard is statutorily vested with R2 vide Section 78 of TN HR & CE Act. Proceedings are to be commenced on the basis of report from the jurisdictional Assistant Commissioner as already alluded to supra but the jurisdictional Assistant Page Nos.7/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 2024Commissioner has not been arrayed as co-respondent and we therefore exercise our suo motu power and implead jurisdictional Assistant Commissioner i.e., The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Ariyalur District as R8. Registry to carry out necessary and consequential amendments in the case file and in the order before uploading and before issuing certified copies.12. Let Section 78 proceedings that have already been commenced be continued and concluded on their own merits and in accordance with law as expeditiously as the business of R2 would permit but in any event within 16 weeks i.e., by 15.10.2024.13. To be noted, alleged encroachers i.e., those similarly placed persons like R6 and R7 will be put on notice as captured supra and this is the safety valve qua private respondents who are not before us and that is the basis on which main writ petition has been taken up and the same is being disposed of.Page Nos.8/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 202414. Captioned writ petition disposed of with the aforesaid simple directive/observation. Though obvious we make it clear that we have not expressed any view or opinion on the merits of the matter and all the rights and contentions of R6 and R7 and any other similarly placed persons are preserved for being adjudicated in the Section 78 legal drill which we are informed is underway.15. Captioned writ petition disposed of in the aforesaid manner. There shall be no order as to costs. (M.S.,J.)(K.G.T.,J.) 25.06.2024Index : Yes / NoNeutral Citation : Yes / NogpaP.S. I: Upload forthwithP.S.II : All concerned including Registry of Madras High Court to act forthwith on the uploaded soft copy of this proceedings as uploaded in the official website of this Court. To be noted, the soft copies uploaded in the official website of this Court are water marked, besides being QR Coded.P.S.III: Registry to communicate this order to the Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Ariyalur District P.S.IV: Though the captioned Writ Petition is disposed of by this order, let the writ petition appear in the cause list under the cause list caption 'FOR REPORTING COMPLIANCE' on 18.10.2024.Page Nos.9/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 2024To1. The Commissioner Hindu Religious and Charitable Endowment Department No.119, Uthammar Gandhi Salai Nungambakkam, Chennai – 600 0342. The Joint Commissioner Hindu Religious and Charitable Endowment Department No.8, Attangarai Salai Pudupalayam Cuddalore District3. The Executive Officer Arulmigu Sri Lakshmi Narayana Perumal Temple Sirukalathoor Jayankondam Udayarpalayam Taluk Ariyalur District4. The District Collector Ariyalur Ariyalur District5. The Special Tahsildar (Temple Land) The District Collector Office Ariyalur – 621 704 Ariyalur District6. The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Ariyalur DistrictPage Nos.10/11 https://www.mhc.tn.gov.in/judis W.P.No.16309 of 2024M.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,gpaW.P.No.16309 of 202425.06.2024Page Nos.11/11