Namakkal.Temple Land HRNC college new case justice W.P.No.26582 of 2021 and W.M.P.No.28039 of 2021 R. SURESH KUMAR,J.

W.P.No.26582 of 2021 and W.M.P.No.28039 of 2021 R. SURESH KUMAR,J.
Mr.T.Chandrasekaran, learned Special Government Pleader takes notice for the Respondents 1, 3 and 4. Mrs.V.Yamuna Devi, learned Special Government Pleader takes notice for the second respondent.
2. The issue raised in this writ petition is that, the landed property to the extent of
14.59 Acres at T.D.No.793 comprised in Survey No.150 at Chittlandur Village, Tiruchengodu
Taluk, Namakkal District belongs to the fifth respondent temple. However, the State Government, in pursuance to the policy decision taken in this regard to establish some Arts and Science Colleges in the needy places on behalf of the H.R.& C.E., Department, has decided to establish one such college in the name of Arthanareeswarar Arts and Science College in the said land ie., in 5 acres out of the 14.5 acres belongs to the fifth respondent temple and in this regard, the grievance of the petitioner, who is a devotee of the temple is that, the land in question since belongs to the fifth respondent temple, even for the purpose of establishing a college by the State Government or H.R.& C.E., Department, the land of the temple cannot be utilized, as that would not be beneficial to the temple.
3. However, Mr.T.Chandrasekaran, learned Special Government Pleader appearing on behalf of Respondents 1, 3 and 4 has submitted that, insofar as the establishment of the proposed Arts and Science College is concerned, it is the policy decision taken by the State Government to be undertaken through the H.R.&C.E., Department as announced by the concerned Department in the Assembly and in order to persuade the same, one such college is to be established at Namakkal District, where there is dire need of having a Government Arts and Science College to cater the need of poor and needy people in that locality and for the said purpose, out of the 14.59 acres, only 5 acres are going to be utilized and the college is going to be established on behalf of the Arulmighu Arthanareeswarar Temple, Tiruchengode and in this regard the administrative committee of the fifth respondent temple has passed a resolution expressing their desire to give the 5 acres of land as desired by the H.R. & C.E., Department to establish the college and only based on such resolution passed by the fifth respondent temple now the proposed college is going to be established, he contended.
4. In support of his contention, Mr.T.Chandrasekaran, learned Special Government
Pleader relies upon the written instructions in this regard of the Executive Officer of
Arulmighu Nallakumaraswamy Thirukkoil, Koothampoondi, Tiruchengode Taluk, Namakkal District, who is the Executive Officer In-charge of the fifth respondent temple and has also been appointed as the Fit Person for the fifth respondent temple, which reads thus,
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