High Court · 2025

W.P. No.20727 of 2021IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 07.04.2025CORAM:THE HONOURABLE MR. JUSTICE M. SUNDARANDTHE HONOURABLE MS. JUSTICE R.N. MANJULAW.P.No.20727 of 2021 and W.M.P.No.21983 of 2021R.Mangayarkarasi Petitionervs.1.The CommissionerCuddalore MunicipalityBharathi RoadCuddalore 607 0012.The Superintending EngineerTamil Nadu Electricity Generation & Distribution CorporationCapper HillCuddaore 607 0043.K.S.Vasan4.The TahsildarCuddalore TalukCuddalore District5.The CommissionerHindu Religious and Charitable Endowments DepartmentNo.119, Uthamar Gandhi Salai(previously Nungambakkam High Road)NungambakkamChennai 600 034Page Nos.1/10 https://www.mhc.tn.gov.in/judis W.P. No.20727 of 20216.The Joint CommissionerHindu Religious & Charitable Endowments DepartmentCuddalore Cuddalore DistrictRespondents(RR4 to 6 impleaded vide order dated 07.04.2025) Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the 1st respondent to remove the encroachment upon T.S.No.2745/- in Cuddalore-O.T., Cuddalore Taluk, Cuddalore District caused by the 3rd respondent by constructing a temple.For petitionerMr. B. Sankara Narayananfor Mr. D. BaskarFor R1 Mr. P. SrinivasStanding CounselFor R2Mr. V. Venkata SeshaiyaStanding CounselFor R3No appearanceFor R4Mr. M.S. ArasakumarGovernment AdvocateFor RR5 & 6Mr. S. Ravichandran Addl. Govt. Pleader (HR & CE)Page Nos.2/10 https://www.mhc.tn.gov.in/judis W.P. No.20727 of 2021ORDER(made by M. SUNDAR, J.)Subject matter of captioned 'writ petition' (hereinafter 'WP' for the sake of brevity) is 'land in T.S.No.2745 in what is described as Cuddalore O.T., Cuddalore Taluk, Cuddalore District' (hereinafter 'said land' for the sake of convenience and clarity).2.Mr. B. Sankara Narayanan, learned counsel representing Mr. D. Baskar, learned counsel on record for writ petitioner, submits that R3 (K.S. Vasan – private respondent) has encroached upon said land by constructing a temple. Learned counsel is unable to give facts and details qua earlier proceedings with clarity and specificity. However, in the interest of the parties, this Court examined the same and earlier proceedings are given below in the form of a tabulation:Page Nos.3/10 https://www.mhc.tn.gov.in/judis W.P. No.20727 of 2021S.No.Case No.PartiesPrayerRemarks/Status1O.S.No.211 of 2010 on the file of Principal District Munsif Court, CuddaloreAmbika Ammal vs.Commissioner, Cuddalore Municipality and KaliyaperumalTo remove encroachment in the channelAmbika Ammal (plaintiff) is the mother of writ petitioner – Suit dismissed on the ground that description of property was wrongly given.2W.P.No.29712 of 2017Ambika Ammal vs.Collector, Cuddalore DistrictCommissioner, Cuddalore Municipality &S. KaliyaperumalMandamus to remove all encroachments in channel in S.No.2745 in Cuddalore O.T., Cuddalore Taluk, Cuddalore DistrictWe are informed that Ambika Ammal is mother of writ petitioner – W.P. disposed of on 21.11.20173O.S.No.15 of 2020 on the file of District Munsif Court, Cuddalore Sri Valli Devasena Sameda Kalyanaskandan (Chinnamalai Murugan Koil) Seva Arakkattalai represented by K.S. Vasanvs.Ambika, Mangaiyarkarasi & RamadossPermanent injunction from disturbing temple's peaceful possession and permanent injunction from demolishing temple(Plaintiff is R3 before us) Suit is as regards half a cent of land in T.S.No.1581, Cuddalore O.T., Cuddalore Municipality - Suit dismissed after full contest on 29.11.20233.As regards respondents, Mr. P. Srinivas, learned Standing Counsel for Cuddalore Municipality (R1) and Mr. V. Venkata Seshaiya, learned counsel for R2 are before us. R3 (K.S. Vasan - private respondent) has been duly served, name of R3 together with address Page Nos.4/10 https://www.mhc.tn.gov.in/judis W.P. No.20727 of 2021in the cause title, has been shown in the cause list however there is no representation for R3. We are informed by Registry that R3 has not chosen to enter appearance through counsel.4.Considering the nature of the matter, we deem it appropriate to implead:i.jurisdictional Tahsildar, i.e., Tahsildar, Cuddalore Taluk, Cuddalore District as R4;ii.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai (previously Nungambakkam High Road), Chennai 600 034 as R5; andiii.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Cuddalore, Cuddalore District as R6.5.Mr. M.S. Arasakumar, learned Government Advocate, accepts notice for newly impleaded R4 and Mr. S. Ravichandran, learned Additional Government Pleader (HR & CE), accepts notice for newly impleaded RR 5 and 6.Page Nos.5/10 https://www.mhc.tn.gov.in/judis W.P. No.20727 of 20216.Though learned counsel for writ petitioner submits that said land is a channel, no document to support this contention has been placed before us. All that the learned counsel refers to is an order dated 21.11.2017 made in W.P.No.29712 of 2017, wherein, the writ petitioner's contention that it is a channel has been captured by Hon'ble Single Judge.7.It is important to notice that all temples in Tamil Nadu are public temples vide sub-section (3) of Section 1 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Act 22 of 1959) {hereinafter 'HR & CE Act'} unless exempted in part or wholly vide Section 4. This is the reason why we have suo motu impleaded Commissioner, Hindu Religious & Charitable Endowments Department, Chennai - 600 034 and Joint Commissioner, Hindu Religious and Charitable Endowments Department, Cuddalore, Cuddalore District, as RR 5 and 6 respectively.8.In the light of the narrative thus far, to give a comprehensive closure to the matter, the following order is made:Page Nos.6/10 https://www.mhc.tn.gov.in/judis W.P. No.20727 of 2021i.R4 (jurisdictional Tahsildar) shall survey the said land if it is public land or channel, as contended;ii.If said land is not public land, i.e., private or patta land, parties will have to work out their remedies in Civil Court;iii.If said land is a channel and if survey is conducted, survey shall be done after putting on notice all parties concerned and it shall be a joint survey by R4;iv.RR 5 and 6 are directed to appoint a Fit Person and/or Executive Officer qua Sri Valli Devasena Sameda Kalyanaskandan Murugan (Chinnamalai Seva Arakkattalai Koil), if not already appointed (to be noted, this limb of the order is made in exercise of our inherent powers to make 'such other or further orders' in a Article 226 legal drill);v.If a survey is to be conducted, Fit Person/Executive Officer should be put on notice;vi.The aforementioned exercise of conducting survey (if it is public land) shall be concluded within eight weeks from today i.e., 02.06.2025;Page Nos.7/10 https://www.mhc.tn.gov.in/judis W.P. No.20727 of 2021vii.If any encroachment is found qua said land (subject, of course, to the same being public land), action shall be commenced in accordance with appropriate / applicable statute i.e., the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905) or the Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007 (Tamil Nadu Act 8 of 2007), as the case may beviii.If the said land is not a public land, suitable communication shall be sent to the writ petitioner within four weeks from today, i.e., by 05.05.2025; ix.Though obvious, we make it clear that we are not expressing any opinion or view on the merits of the matter i.e., about alleged encroachment, all questions are left open and parties can respond suitably, if show caused; andx.We further make it clear that action will be subject to Civil Court decree if it is applicable to said land.Page Nos.8/10 https://www.mhc.tn.gov.in/judis W.P. No.20727 of 20219.Captioned main WP stands disposed of in the aforesaid manner. Consequently, captioned writ miscellaneous petition thereat is disposed of as closed. There shall be no order as to costs. (M.S., J.) (R.N.M., J.) 07.04.2025cadIndex:Yes/NoInternet:Yes/NoTo1.The CommissionerCuddalore MunicipalityBharathi RoadCuddalore 607 0012.The Superintending EngineerTamil Nadu Electricity Generation &Distribution CorporationCapper HillsCuddaore 607 0043.The TahsildarCuddalore TalukCuddalore District4.The CommissionerHindu Religious and Charitable Endowments DepartmentNo.119, Uthamar Gandhi Salai(previously Nungambakkam High Road)NungambakkamChennai 600 0345.The Joint CommissionerHindu Religious & Charitable Endowments DepartmentCuddalore, Cuddalore DistrictPage Nos.9/10 https://www.mhc.tn.gov.in/judis W.P. No.20727 of 2021M. SUNDAR, J.andR.N. MANJULA, J.cadW.P.No.20727 of 202107.04.2025Page Nos.10/10