SEKAR REPORTER

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Full order of queens park temple land caseTHE HON’BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON’BLE MR.JUSTICE P.D.AUDIKESAVALU W.P.No.14113 of 2020 A.Radhakrishnan        .. Petitioner Vs. the Petitioner : Mr.R.Marudhachalamurthy For the Respondents : Ms.R.Anitha Counsel for the State for respondents Nos.1 to 20 : Mr.P.Gunaraj for respondents 23, 24, 26 to 28

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  1.   IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 29.10.2021

    CORAM :

    THE HON’BLE MR.SANJIB BANERJEE, CHIEF JUSTICE

    AND

    THE HON’BLE MR.JUSTICE P.D.AUDIKESAVALU

    W.P.No.14113 of 2020

    A.Radhakrishnan        .. Petitioner

    Vs

    • The Secretary to Government , Revenue  Department,      Secretariat, Chennai – 09.
    • The Secretary to Government, Home Department,       Secretariat,  Chennai – 09.
    • The Secretary to Government,

    Tourism Culture and Endowments Department,       Secretariat, Chennai – 09.

    • The Commissioner of Revenue Administration,       Chepauk, Chennai – 05.
    • The Commissioner of Land Administration, Chepauk, Chennai – 05.
    • The District of Survey and Settlements, Chepauk, Chennai – 05.
    • The Inspector General of Registrations, 100  Santhome High Road,      Chennai – 28.
    • The Director of Town and Country Planning, Anna Salai,  Chennai – 02.
    • The Commissioner,

    Hindu Religious and Charitable Endowments Department ,      119  Nungambakkam High Road       Chennai 34.

    • The Director General of Police,

    Dr. Radhakrishnan Salai,  Chennai – 04.

    • The Director,

    Vigilance and Anti Corruption Department,       Alandur, Chennai 600 016.

    • The District Collector,
    • The District Revenue Officer,
    • The Tahsildar,

    Sriperumpudur, Kanchepuram District.

    • The Inspector General of Police, North Zone,
    • The Regional Deputy Director, Land Survey and Records Department ,
    • The Assistant Director, District  Urban Planning Office,
    • The Superintending Engineer

    Tamilnadu Electricity Generation and     Distribution of Corporation,         Kancheepuram.

    • The Joint Commissioner,

    Hindu Religious and Charitable Endowments Department,        Vellur.

    • The Assistant Commissioner,

    Hindu Religious and Charitable Endowments Department,          Kancheepuram.

    • The Executive Officer,

    Arulmiu Kasiviswanathar and

    Venugopala Swamy Thirukoil,        Pappan Chattiram, Sriperumpudur,        Kanchepuram District.

    • Selvaraj
    • Gnanaraj
    • Nalini Selvaraj
    • Rajani
    • Amirtharaj
    • Anandaraj
    • Rajapriya .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing respondents 4 to 6, 8, 12 to 14, 16 and 17 to mute the revenue records and issue patta to in favour of 21st respondent temple to the properties situated in Irrungottai Village and Pazhanjur Village Kanchipuram District in

    Survey no.330/1, 350,  352/4,  354/2,  365,  366,  371/1,  375/2, 380,  390/2,  428/4 and other properties  consequentially issue further direction to 9th respondent to secure and safe guard all the properties of 21st respondent temple by removing encroachment and initiate departmental action as against erring officials who failed to safe guard temple properties by considering petitioners representation dated 17.08.2020 and 21st respondents submission dated 25.07.2013.

    For the Petitioner : Mr.R.Marudhachalamurthy
    For the Respondents : Ms.R.Anitha

    Counsel for the State for respondents Nos.1 to 20

    : Mr.P.Gunaraj for respondents 23, 24, 26 to

    28

    : Mr.A.K.Sriram for 21st respondent

    : Not ready in notice for respondents 22 and 25

    ORDER

    (Order of the Court was made by the Hon’ble Chief Justice)

    There are two aspects to this public interest litigation: the first is the petitioner’s concern that a huge tract of land willed in favour of the  21st respondent temple is being denied by the government to the temple; and, that a part of the land measuring approximately 21 acre that had been leased out in or about the year 1995 by the temple to the respondent Nos.22 to 28 pursuant to an auction conducted in such regard has not yielded any lease rent upon the respondent Nos.22 to 28 as lessees purporting to deny the temple’s title despite having taken possession of the relevant land from the

    temple.

    1. As far as the second aspect is concerned, it is submitted by Mr.Sriram, appearing for the 21st respondent temple, that an order has been passed on October 28, 2021 by a Division Bench of this court in an appeal arising out of proceedings under Article 226 of

    the Constitution substantially upholding the order under appeal.

    1. As far as the first part is concerned, despite the will being of 1884 and dispute arising between the State and temple as to the ownership of the land in or about 1956, the matter still remains unresolved and there is an appeal which has been filed by the temple before the fifth respondent in September, 2021 which is

    required to be decided.

    1. Accordingly, since the second aspect will be governed by the order passed in the relevant writ appeal, W.A.No.2737 of 2021, and rights pertaining to the entirety of the land in question will be governed by the result of the appeal now pending before the fifth respondent, no immediate order can be passed in the present

    proceedings and the petition is disposed of by permitting the parties

    hereto to pursue their rights in accordance with law and by requesting the fifth respondent to pass a reasoned order in the relevant appeal upon affording due opportunity of hearing to the

    temple within a period of three months from date.

    W.P.No.14113 of 2020 is disposed of.  There will be no order

    as to costs.

    (S.B., CJ.)           (P.D.A., J.)

    29.10.2021          Index : No sasi

    To:

    • The Secretary to Government Revenue  Department       Secretariat, Chennai – 09.
    • The Secretary to Government Home Department       Secretariat,  Chennai – 09.
    • The Secretary to Government

    Tourism Culture and Endowments Department       Secretariat, Chennai – 09.

    • The Commissioner of Revenue Administration       Chepauk, Chennai – 05.
    • The Commissioner of Land Administration Chepauk, Chennai – 05.
    • The District of Survey and Settlements, Chepauk, Chennai – 05.
    • The Inspector General of Registrations, 100  Santhome High Road,      Chennai – 28.
    • The Director of Town and Country Planning, Anna Salai,  Chennai – 02.
    • The Commissioner,

    Hindu Religious and Charitable Endowments Department      119  Nungambakkam High Road       Chennai 34.

    • The Director General of Police,

    Dr. Radhakrishnan Salai,  Chennai – 04

    • The Director,

    Vigilance and Anti Corruption Department ,       Alandur, Chennai 600 016.

    • The District Collector,
    • The District Revenue Officer,
    • The Tahsildar,

    Sriperumpudur Kanchepuram District.

    • The Inspector General of Police , North Zone,
    • The Regional Deputy Director, Land Survey and Records Department,
    • The Assistant Director, District  Urban Planning Office,
    • The Superintending Engineer,

    Tamilnadu Electricity Generation and     Distribution of Corporation,         Kancheepuram.

    • The Joint Commissioner,

    Hindu Religious and Charitable Endowments Department,        Vellur.

    • The Assistant Commissioner,

    Hindu Religious and charitable Endowments Department,          Kancheepuram.

    • The Executive Officer,

    Arulmiu Kasiviswanathar and Venugopala Swamy

    Thirukoil,

    Pappan Chattiram, Sriperumpudur ,        Kanchepuram District.

    THE HON’BLE CHIEF JUSTICE

    AND

    P.D.AUDIKESAVALU, J.

    (sasi)

     

    W.P.No.14113 of 2020

     

    29.10.2021

     of 10

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