High Court · 2025

W.P.No.37528 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 06.01.2025CORAMTHE HONOURABLE MR.JUSTICE M.SUNDAR andTHE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P.No.37528 of 2024andW.M.P.No.40565 of 2024L.MurugananthamS/o.R.Lingasamy (Late)... PetitionerVs.1.The Commissioner of Dharapuram MunicipalityDharapuram MunicipalityDharapuramTiruppur DistrictPin Code - 638 656.2.Palanisamy3.VelaisamyS/o.Veerapa Gounder4.M.Divya SanjeeviS/o.Muthu Kumar5.The Commissioner, Tamil Nadu Hindu Religious and CharitableEndowment Page Nos.1/12 https://www.mhc.tn.gov.in/judis W.P.No.37528 of 2024DepartmentNo.129, Uthamar Gandhi Salai(previously Nungambakkam High Road)Chennai-600 034.6.The Joint CommissionerTamil Nadu Hindu Religious and CharitableEndowment DepartmentTiruppur District.7.The District Revenue Officer,Tiruppur District.8.The ChairmanTANGEDCOTiruppur District.9. The Superintending Engineer TANGEDCOTiruppur District.... RespondentsR5 suo-motu impleaded vide order dated 16.12.2024 in W.P.No.37528 of 2024R6 to R9 suo-motu impleaded vide order dated 06.01.2025in W.P.No.37528 of 2024Prayer :Writ Petition filed under Article 226 of The Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to remove all the illegal encroachments such as temple, fencing and its supporting Page Nos.2/12 https://www.mhc.tn.gov.in/judis W.P.No.37528 of 2024stones, structures formed through piling of concrete rings joined together with cement mortar, tank and others all in public road comprising TS No.1 of Block 20 of Revenue Ward 6 of Dharapuram Town as per Tamil Nadu Urbal Local Bodies Act, 1998 and Tamil Nadu Town and Country Planning Act, 1971 and other statutes within short time to be framed by this Hon'ble Court and to maintain the TS No.1 of Block 20 of Revenue Ward 6 of Dharapuram Town only as public road.For Petitioner : Mr.L.Murugananthamparty-in-personFor Respondents:Mr.P.Srinivas, for R1Mr.K.Sudhakar, for R2 to R4Mr.S.Ravichandran,Additional Government Pleaderfor R5 and R6Mr.T.K.SaravananGovernment Advocate, for R7Mr.D.B.R.Prabhu, Standing Counsel, for R8 and R9O R D E R[Order of the Court was made by M.SUNDAR, J.,]This order will now dispose of the captioned 'Writ Petition' {'WP'} and captioned 'Writ Miscellaneous Petition' {'WMP'} thereat.2. This order has to be read in conjunction with and in continuation of Page Nos.3/12 https://www.mhc.tn.gov.in/judis W.P.No.37528 of 2024earlier proceedings made in the previous listing on 16.12.2024 which reads as follows:'W.P.No.37528 of 2024andW.M.P.No.40565 of 2024inW.P.No.37528 of 2024M.SUNDAR, J.,andK.RAJASEKAR, J.,[Order of the Court was made by M.SUNDAR. J.,]Captioned main 'Writ Petition' {hereinafter 'WP' for the sake of brevity} pertains to alleged encroachment in 'T.S.No.1, Block No.20, Revenue Ward 6 of Dharapuram Town, Tiruppur District' {hereinafter 'said land' for the sake of brevity}.2. Mr.L.Muruganantham is the petitioner and he is before us on 'Videoconferencing' {'VC'} platform. To be noted, this is a hybrid hearing, which is a daily / regular / routine feature in this Court. Mr.L.Muruganantham, who is petitioner, is representing this matter party-in-person.3. Mr.L.Muruganantham, petitioner (party-in-person) submits that there is encroachment in said land and according to him, encroachment is inter alia by way of a construction of a Temple which goes by the name 'Arulmigu Sakthi Vinayagar Aalayam' {hereinafter 'said Temple' for the sake of brevity}. Mr.L.Muruganantham, petitioner (party-in-person) submits that said Temple is in a place which is referred to as Minor Ramanatha Nagar.Page Nos.4/12 https://www.mhc.tn.gov.in/judis W.P.No.37528 of 20244. This Court has repeatedly held that all Temples are public temples vide Sub-Section (3) of Section 1 of 'the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [Tamil Nadu Act 22 of 1959]' {hereinafter 'TNHR & CE Act' for the sake of brevity} unless they are exempt under Section 4 of TNHR & CE Act. Inter alia owing to this reason, we deem it appropriate to suo-motu implead the Commissioner, 'Tamil Nadu Hindu Religious and Charitable Endowments Department' {hereinafter 'TNHR&CE Department' for the sake of brevity} No.129, Uthamar Gandhi Salai (previously Nungambakkam High Road) Chennai-600 034 as R5. To be noted, R2 to R4 are private respondents. Petitioner / party-in-person submits that alleged encroachment is severely obstructing ingress and egress to his property. Petitioner / party-in-person, who is before us on VC platform also submits that he has made repeated representations in vain and that has necessitated the captioned WP.5. For the present, we deem it appropriate to issue notice to official respondents i.e., R1 and R5.6. Mr.P.Srinivas, learned counsel accepts notice for R1 and Mr.S.Ravichandran, learned Additional Government Pleader accepts notice for R5.7. We requisition separate reports from R1 and R5.8. Let reports be placed before this Court in three weeks.List under the cause list caption 'FOR REPORT' on 06.01.2025.'3. In the light of the hearing today, we deem it appropriate to implead Page Nos.5/12 https://www.mhc.tn.gov.in/judis W.P.No.37528 of 2024the Joint Commissioner, Tamil Nadu Hindu Religious and Charitable Endowment Department, Tiruppur as R6, the District Revenue Officer [DRO] Tirupppur District as R7, the Chairman, TANGEDCO, Tiruppur District as R8 and the Superintending Engineer, TANGEDCO, Tiruppur District as R9.4. Mr.S.Ravichandran, learned Additional Government Pleader accepts notice for R6, Mr.T.K.Saravanan, learned Government Advocate accepts notice for R7 and Mr.D.B.R.Prabhu, learned Standing Counsel accepts notice for R8 and R9.5. Mr.L.Muruganantham, party-in-person, is before us on 'Videoconferencing' {'VC'} platform (to be noted, this is a hybrid hearing, which is a daily / regular / routine feature in this Court). Mr.P.Srinvias, learned counsel for R1 and Mr.S.Ravichandran, learned Additional Government Pleader for R5 and R6 are before us.6. As regards R2 to R4 (private respondents) though we have not ordered notice, Mr.K.Sudahakar (Enrol No.3146/2010) Email ID : [email protected] with address for service at No.33/63, Room No.9, III Floor, Katcheeleswar Agraharam Street, George Town, Chennai-1 Page Nos.6/12 https://www.mhc.tn.gov.in/judis W.P.No.37528 of 2024has filed vakalatnama. This Court has repeatedly cautioned the Registry to not to accept vakalatnama if notice has not been ordered to a party or to certain parties but vakalatnama of Mr.K.Sudhakar, learned counsel has been accepted for R2 to R4 and his name is shown in the cause list. We continue with this order in the fair hope that Registry adheres to this directive in the days to come.7. Nonetheless, we have not ordered notice to R2 to R4, we write that Mr.K.Sudhakar, learned counsel has entered appearance for R2 to R4 and learned counsel is before us. This means that all parties before us i.e., sole writ petitioner and nine respondents are represented by their respective counsel.8. As would be evident from proceedings made in earlier proceedings dated 16.12.2024 (reproduced supra) the kernel of the matter is obstruction of ingress and egress to writ petitioner's property.9. In the hearing today, it comes to light that writ petitioner's property as of today is vacant piece of land (we are informed that some private litigation is underway) but there is no disputation that it is private land. In front of the writ petitioner's property (which is fenced) in the road, there are Page Nos.7/12 https://www.mhc.tn.gov.in/judis W.P.No.37528 of 2024three structures and they are (a) said Temple (b) a transformer erected by TANGEDCO and (c) a water tank erected by office of R1.10. As regards said Temple, learned counsel for R2 to R4, adverting to earlier proceedings very fairly submitted that said Temple has been constructed in public land and that it can at the highest qualify as a public temple and respondents 2 to 4 or anyone acting under them have no objection to a Fit person to be appointed forthwith by R5. This submission is recorded.11. Let R5 appoint a Fit person forthwith and let other provisions of 'the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 [Tamil Nadu Act 22 of 1959]' {hereinafter 'TNHR & CE Act' for the sake of brevity} be followed.12. Learned counsel for R1 submits that said Temple is an encroachment as it has been put up in public land / road.13. Learned counsel for writ petitioner submits that the aforementioned three structures have been put up in front of the writ petitioner's property as it has been lying as vacant land. Learned counsel submits that he sent an objection in the year 2003 itself and that the same Page Nos.8/12 https://www.mhc.tn.gov.in/judis W.P.No.37528 of 2024has been forwarded by R1 to Assistant Superintendent of Police, Darapuram vide communication dated 24.01.2003 bearing reference Na.Ka.No.380/2003/G1. A careful perusal of this inter office communication brings to light that a small idol with a thatched structure (ge;jy;) was erected at that point of time.14. We find that it may be desirable to find a amicable solution to the matter by shifting the transformer, water tank and either reducing the size of said Temple or as a last option shifting the same to a place agreeable to all concerned.15. Therefore, we deem it appropriate to dispose of the captioned WP in the following manner:(a) DRO / R7 shall convene a meeting to be attended by writ petitioner, R1, R6 and R9;(b) In the aforesaid meeting, modalities of giving adequate ingress and egress to writ petitioner's property (said land) shall be examined;(c) If necessary, R7 shall convene more than one meeting taking into account the interest of all concerned including larger Page Nos.9/12 https://www.mhc.tn.gov.in/judis W.P.No.37528 of 2024public interest and make proceedings;(d) Though obvious, we make it clear that the writ petitioner is aggrieved by such proceedings, it will be open to writ petitioner to assail the same.Captioned WP is disposed of in the aforesaid manner and consequently, captioned WMP thereat is disposed of as closed. There shall be no order as to costs.(M.S.,J.)(K.R.S.,J.) 06.01.2025Index : Yes / NoNeutral Citation : Yes / NoSpeaking order / Non-speaking ordermkP.S : Though captioned WP is disposed of, the same shall be listed under the cause list caption 'FOR REPORT' on 03.03.2025.ToPage Nos.10/12 https://www.mhc.tn.gov.in/judis W.P.No.37528 of 20241.The Commissioner of Dharapuram MunicipalityDharapuram MunicipalityDharapuramTiruppur DistrictPin Code - 638 656.2.The Commissioner, Tamil Nadu Hindu Religious and CharitableEndowment DepartmentNo.129, Uthamar Gandhi Salai(previously Nungambakkam High Road)Chennai-600 034.3.The Joint CommissionerTamil Nadu Hindu Religious and CharitableEndowment DepartmentNo.129, Uthamar Gandhi Salai(previously Nungambakkam High Road)Chennai-600 0344.The District Revenue Officer,Tiruppur District.5.The ChairmanTANGEDCOTiruppur District.6. The Superintending Engineer TANGEDCOTiruppur District.Page Nos.11/12 https://www.mhc.tn.gov.in/judis W.P.No.37528 of 2024M.SUNDAR, J.,andK.RAJASEKAR, J.,mkW.P.No.37528 of 202406.01.2025Page Nos.12/12