Madrasdated High Court · 2025

W.P.No.20183 of 20245.The Assistant Engineer (PWD), Water Resource Department, Pennaiyaru Vadikal Taluk, Thiruvannamalai.6.The District Collector, Thiruvannamalai.7.The Revenue Divisional Officer, Revenue Department, Thiruvannamalai.8.The Commissioner, H.R. & C.E., Nungambakkam, Chennai.9.The Joint Commissioner, H.R. & C.E., Thiruvannamalai.10.The Assistant Commissioner, H.R. & C.E., Thiruvannamalai.11.The Executive Officer, H.R. & C.E., Sri Thiroupathyamman Temple, Chengam.... RespondentsWrit Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing respondents 1 to 7 herein to dispose of the representation of the petitioner Trust dated 10.01.2024 seeking the relief of converting the land situated in S.No.52/1B measuring 1 acre and 47 cents of land where the Sri Dharmaraja Thiroupathyamman Kovil at Chengam is situated, which Page Nos.2/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024was wrongly classified as Eri Poramboke catchment area of Thokkakudi Lake by directing the respondents herein to form a committee to make necessary inspections jointly in pursuance of the reply sent by the fifth respondent in Ka.No.Ko.24/2024/U.Po/Chengam dated 26.04.2024 and to issue patta in favour of Sri Dharmaraja Thiroupathyamman Kovil, Chengam within the time frame fixed by this Court.For Petitioner : Ms.R.T.ShyamalaFor Respondents:Mr.M.S.Arasakumar,Government Advocatefor R1 to R7Mr.K.Karthikeyan,Government Advocatefor R8 to R11ORDER[Order of the Court was made by M.SUNDAR, J.,]This order will now dispose of captioned main 'Writ Petition' [hereinafter 'WP' for the sake of brevity].2. This order has to be read in conjunction with and in continuation of earlier proceedings made in the listing on 24.07.2024, which reads as follows:Page Nos.3/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024'W.P.No.20183 of 2024M.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,[Order of the Court was made by M.SUNDAR. J.,]Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed seeking a mandamus qua a 'representation dated 10.01.2024 given by writ petitioner' {hereinafter 'said representation' for the sake of brevity}.2. Ms.R.T.Shyamala, learned counsel on record for writ petitioner who is before us, adverting to said representation submits that a Temple which goes by name 'Arulmigu Sri Dharmaraja Draupadiyamman Temple' is situate in 'land admeasuring 1 acre 47 cents or thereabouts comprised in S.No.52/1B in Thokkavadi Village, Chengam Taluk, Tiruvannamalai District' {hereinafter 'said land' for the sake of brevity}.3. Learned counsel submits that a notice dated 26.06.2022 was issued by jurisdictional Assistant Engineer of Public Works Department, WRO, Irrigation Division, Chengam earlier, this notice was assailed by way of a writ petition in W.P.No.13679 of 2023 and the same was disposed of by another Hon'ble Division Bench in and by an order dated 02.06.2023. A scanned reproduction of this 02.06.2023 order in W.P.No.13679 of 2023 is as follows:Page Nos.4/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.5/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.6/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.7/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 20244. The prayer as set out in the order pertains to a notice under Rule 6(1) Form-III but the title of the Rules or Parent Act is not available. 5. Learned counsel for writ petitioner has not placed before us a copy of notice dated 26.06.2022 impugned in earlier writ petition i.e., W.P.No.13679 of 2023.6. Faced with the above situation, learned counsel on record for writ petitioner sought time to file 26.06.2022 notice and writ affidavit thereat i.e., support affidavit in W.P.No.13679 of 2023 by way of additional typed set of papers and bring it on Board.7. Considering the nature of the matter, facts and circumstances of the case, this request is acceded to.8. List captioned matter under the cause list caption 'ADJOURNED ADMISSION' but in the Admission Board i.e., Motion List on Friday.List on 26.07.2024.'3. The aforereferred proceedings captures the crux and gravamen of the matter as well as trajectory the matter has taken before us thus far.4. Today, Ms.R.T.Shyamala, learned counsel for writ petitioner submits that an additional typed set of papers styled as 'Typed Set II' dated 26.07.2024 has been filed and draws our attention to a notice Page Nos.8/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024dated 26.06.2022 and a scanned reproduction of the same is as follows:Page Nos.9/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 20245. To be noted, learned State counsel for 'Tamil Nadu Hindu Religious and Charitable Endowments Department' (hereinafter 'TNHR & CE Department' for the sake of convenience and clarity), who is representing R8 to R11 submits that TNHR & CE Department also is taking a stand that the land in which Sri Dharmaraja Thiroupathyamman Kovil at Chengam is situate has been erroneously classified as a waterbody.6. In the light of the narrative thus far, we took up the captioned main WP with the consent of learned counsel on both sides in the Admission Board and we find that the captioned main WP can be disposed of by a simple order.7. A scanned reproduction of the said representation (representation dated 10.01.2024) is as follows:Page Nos.10/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.11/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.12/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.13/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.14/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.15/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.16/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.17/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.18/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 20248. The aforereferred representation shall now be treated as representation from R11 who represents said temple. We direct R6 [District Collector, Thiruvannamalai] to consider the representation inter-alia by having a survey conducted by the revenue officials and after giving an opportunity to all concerned. After considering the representation in this manner, R6 shall make a speaking order and the said order would be served on all concerned including writ petitioner and R11 within seven working days from the date of making of the order and the order shall be made in this manner as expeditiously as the business of R6 permits but in any event within fourteen weeks from today i.e., on or before 18.09.2025.9. Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs.(M.S.,J.)(H.C.,J.) 12.06.2025Index : Yes / NoNeutral Citation : Yes / NommiTo1.The Chief Engineer, Water Resources Department,Page Nos.19/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024 Chennai Region.2.The Executive Engineer, Water Resources Department, Chennai Region.3.The Superintending Engineer (PWD), Water Resource Department, Pennaiyaru Vadikal Taluk, Thiruvannamalai.4.The Executive Engineer (PWD), Water Resource Department, Chengam – 606 701.5.The Assistant Engineer (PWD), Water Resource Department, Pennaiyaru Vadikal Taluk, Thiruvannamalai.6.The District Collector, Thiruvannamalai.7.The Revenue Divisional Officer, Revenue Department, Thiruvannamalai.8.The Commissioner, H.R. & C.E., Nungambakkam, Chennai.9.The Joint Commissioner, H.R. & C.E., Thiruvannamalai.10.The Assistant Commissioner, H.R. & C.E., Thiruvannamalai.11.The Executive Officer, H.R. & C.E.,Page Nos.20/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024 Sri Thiroupathyamman Temple, Chengam.M.SUNDAR, J.,andHEMANT CHANDANGOUDAR, J.,mmiW.P.No.20183 of 202412.06.2025Page Nos.21/21

W.P.No.20183 of 20245.The Assistant Engineer (PWD), Water Resource Department, Pennaiyaru Vadikal Taluk, Thiruvannamalai.6.The District Collector, Thiruvannamalai.7.The Revenue Divisional Officer, Revenue Department, Thiruvannamalai.8.The Commissioner, H.R. & C.E., Nungambakkam, Chennai.9.The Joint Commissioner, H.R. & C.E., Thiruvannamalai.10.The Assistant Commissioner, H.R. & C.E., Thiruvannamalai.11.The Executive Officer, H.R. & C.E., Sri Thiroupathyamman Temple, Chengam.... RespondentsWrit Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing respondents 1 to 7 herein to dispose of the representation of the petitioner Trust dated 10.01.2024 seeking the relief of converting the land situated in S.No.52/1B measuring 1 acre and 47 cents of land where the Sri Dharmaraja Thiroupathyamman Kovil at Chengam is situated, which Page Nos.2/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024was wrongly classified as Eri Poramboke catchment area of Thokkakudi Lake by directing the respondents herein to form a committee to make necessary inspections jointly in pursuance of the reply sent by the fifth respondent in Ka.No.Ko.24/2024/U.Po/Chengam dated 26.04.2024 and to issue patta in favour of Sri Dharmaraja Thiroupathyamman Kovil, Chengam within the time frame fixed by this Court.For Petitioner : Ms.R.T.ShyamalaFor Respondents:Mr.M.S.Arasakumar,Government Advocatefor R1 to R7Mr.K.Karthikeyan,Government Advocatefor R8 to R11ORDER[Order of the Court was made by M.SUNDAR, J.,]This order will now dispose of captioned main 'Writ Petition' [hereinafter 'WP' for the sake of brevity].2. This order has to be read in conjunction with and in continuation of earlier proceedings made in the listing on 24.07.2024, which reads as follows:Page Nos.3/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024'W.P.No.20183 of 2024M.SUNDAR, J.,andK.GOVINDARAJAN THILAKAVADI, J.,[Order of the Court was made by M.SUNDAR. J.,]Captioned 'Writ Petition' {hereinafter 'WP' for the sake of brevity} has been filed seeking a mandamus qua a 'representation dated 10.01.2024 given by writ petitioner' {hereinafter 'said representation' for the sake of brevity}.2. Ms.R.T.Shyamala, learned counsel on record for writ petitioner who is before us, adverting to said representation submits that a Temple which goes by name 'Arulmigu Sri Dharmaraja Draupadiyamman Temple' is situate in 'land admeasuring 1 acre 47 cents or thereabouts comprised in S.No.52/1B in Thokkavadi Village, Chengam Taluk, Tiruvannamalai District' {hereinafter 'said land' for the sake of brevity}.3. Learned counsel submits that a notice dated 26.06.2022 was issued by jurisdictional Assistant Engineer of Public Works Department, WRO, Irrigation Division, Chengam earlier, this notice was assailed by way of a writ petition in W.P.No.13679 of 2023 and the same was disposed of by another Hon'ble Division Bench in and by an order dated 02.06.2023. A scanned reproduction of this 02.06.2023 order in W.P.No.13679 of 2023 is as follows:Page Nos.4/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.5/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.6/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.7/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 20244. The prayer as set out in the order pertains to a notice under Rule 6(1) Form-III but the title of the Rules or Parent Act is not available. 5. Learned counsel for writ petitioner has not placed before us a copy of notice dated 26.06.2022 impugned in earlier writ petition i.e., W.P.No.13679 of 2023.6. Faced with the above situation, learned counsel on record for writ petitioner sought time to file 26.06.2022 notice and writ affidavit thereat i.e., support affidavit in W.P.No.13679 of 2023 by way of additional typed set of papers and bring it on Board.7. Considering the nature of the matter, facts and circumstances of the case, this request is acceded to.8. List captioned matter under the cause list caption 'ADJOURNED ADMISSION' but in the Admission Board i.e., Motion List on Friday.List on 26.07.2024.'3. The aforereferred proceedings captures the crux and gravamen of the matter as well as trajectory the matter has taken before us thus far.4. Today, Ms.R.T.Shyamala, learned counsel for writ petitioner submits that an additional typed set of papers styled as 'Typed Set II' dated 26.07.2024 has been filed and draws our attention to a notice Page Nos.8/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024dated 26.06.2022 and a scanned reproduction of the same is as follows:Page Nos.9/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 20245. To be noted, learned State counsel for 'Tamil Nadu Hindu Religious and Charitable Endowments Department' (hereinafter 'TNHR & CE Department' for the sake of convenience and clarity), who is representing R8 to R11 submits that TNHR & CE Department also is taking a stand that the land in which Sri Dharmaraja Thiroupathyamman Kovil at Chengam is situate has been erroneously classified as a waterbody.6. In the light of the narrative thus far, we took up the captioned main WP with the consent of learned counsel on both sides in the Admission Board and we find that the captioned main WP can be disposed of by a simple order.7. A scanned reproduction of the said representation (representation dated 10.01.2024) is as follows:Page Nos.10/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.11/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.12/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.13/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.14/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.15/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.16/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.17/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024Page Nos.18/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 20248. The aforereferred representation shall now be treated as representation from R11 who represents said temple. We direct R6 [District Collector, Thiruvannamalai] to consider the representation inter-alia by having a survey conducted by the revenue officials and after giving an opportunity to all concerned. After considering the representation in this manner, R6 shall make a speaking order and the said order would be served on all concerned including writ petitioner and R11 within seven working days from the date of making of the order and the order shall be made in this manner as expeditiously as the business of R6 permits but in any event within fourteen weeks from today i.e., on or before 18.09.2025.9. Captioned WP is disposed of in the aforesaid manner. There shall be no order as to costs.(M.S.,J.)(H.C.,J.) 12.06.2025Index : Yes / NoNeutral Citation : Yes / NommiTo1.The Chief Engineer, Water Resources Department,Page Nos.19/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024 Chennai Region.2.The Executive Engineer, Water Resources Department, Chennai Region.3.The Superintending Engineer (PWD), Water Resource Department, Pennaiyaru Vadikal Taluk, Thiruvannamalai.4.The Executive Engineer (PWD), Water Resource Department, Chengam – 606 701.5.The Assistant Engineer (PWD), Water Resource Department, Pennaiyaru Vadikal Taluk, Thiruvannamalai.6.The District Collector, Thiruvannamalai.7.The Revenue Divisional Officer, Revenue Department, Thiruvannamalai.8.The Commissioner, H.R. & C.E., Nungambakkam, Chennai.9.The Joint Commissioner, H.R. & C.E., Thiruvannamalai.10.The Assistant Commissioner, H.R. & C.E., Thiruvannamalai.11.The Executive Officer, H.R. & C.E.,Page Nos.20/21 https://www.mhc.tn.gov.in/judis W.P.No.20183 of 2024 Sri Thiroupathyamman Temple, Chengam.M.SUNDAR, J.,andHEMANT CHANDANGOUDAR, J.,mmiW.P.No.20183 of 202412.06.2025Page Nos.21/21