SEKAR REPORTER

Court News from Madras High Court

In view of the above, the writ petition is disposed of with a direction to the Tahsildar to cause a survey of the land in question, as requested by the HR & CE Department, and send the report at the earliest, in any case not later than two months from the date of receipt of a copy of this order.  In case any encroachment is reported, the HR & CE Department would proceed to remove the encroachment by taking the process, as provided under the provisions of HR & CE Act, 1959.  There will be no order as to costs. (M.N.B., CJ.)           (D.B.C., J.)                                                              

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:   04.08.2022

CORAM :

THE HON’BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE

AND

THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.19869 of 2022

A.Radhakrishnan      … Petitioner

versus

1.The Secretary to Government,

Tourism and Culture Endowments Department,    Secretariat, Chennai 600 009.

2.The Secretary to Government,

Human Resources Development Department,    Secretariat, Chennai 600 009.

3.The Commissioner,

Hindu Religious and Charitable Endowments Department,    119, Nungambakkam High Road,    Chennai 600 034.

4.The District Executive Magistrate cum    District Collector, Chennai.

5.The Deputy Inspector General of Registration,    100, Santhome High Road, Chennai 600 028.

6.The Member Secretary,

Chennai Metropolitan Development Authority,    Egmore, Chennai 600 008.

7.The Commissioner,

Greater Chennai Corporation,    Rippon Buildings    Chennai 600 003.

8.The Commissioner of Police,    Vepery, Chennai 600 007.

9.The Inspection Cell Officer,   Collectorate Complex,    Rajaji salai, Chennai.

10.The Joint Commissioner,

Hindu Religious and Charitable

Endowments Department,       127, Yadhava Street, Paadi,      Chennai 600 050.

11.The Executive Officer,

Arulmigu Venugopala Krishnaswami

Thirukoil, Pavalakara Street,

Mannadi, Chennai 600 001.              … Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 10 to secure and safeguard the Town Survey No.1075/7, in D.Nos.12, 14, 17 and 19 to the extent of 14 ares at Velayuthapandi Street, Tondairpet, Chennai and other properties belonging to the 11th respondent temple by considering petitioner representation dated 11.05.2019 and 01.07.2022.

For the Petitioner       : Mr.R.Marudhachalamurthy

For the Respondents : Mr.P.Muthukumar, State Government Pleader, for RR 1, 2, 4, 5, 8 and 9

: Mr.N.R.R.Arun Natarajan, Spl. Government Pleader,

H.R. & C.E., for RR 3 and 10

: Ms.P.T.Ramadevi for R-7

* * * * *

ORDER

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

The writ petition has been filed to seek a direction on the respondents 1 to 10 to conduct a survey and to secure and safeguard  the Town Survey No.1075/7, in D.Nos.12, 14, 17 and 19 to the extent of 14 ares at Velayuthapandi Street, Tondairpet, Chennai.

  1. Learned counsel appearing for the HR & CE Department submits that steps have been taken and a request has been made to

the Tahsildar to conduct a survey of the land in question.  If the survey results would show encroachment on the land, action would be taken by the department under the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (in short ‘HR & CE Act, 1959’).

  1. In view of the above, the writ petition is disposed of with a direction to the Tahsildar to cause a survey of the land in question, as

requested by the HR & CE Department, and send the report at the

earliest, in any case not later than two months from the date of receipt of a copy of this order.  In case any encroachment is reported, the HR & CE Department would proceed to remove the encroachment by

taking the process, as provided under the provisions of HR & CE Act, 1959.  There will be no order as to costs.

(M.N.B., CJ.)           (D.B.C., J.)

04.08.2022

Index : Yes/No sra

To:

1.The Secretary to Government,

Tourism and Culture Endowments Department,

Secretariat, Chennai 9

2.The Secretary to Government,

Human Resources Development Department,

Secretariat, Chennai 9

3.The Commissioner,

Hindu Religious and Charitable Endowments Department,

119, Nungambakkam High Road,    Chennai 600034

4.The District Executive Magistrate cum    District Collector,    Chennai.

5.The Deputy Inspector General of Registration,    100, Santhome High Road,    Chennai 600 028.

6.The Member Secretary,

Chennai Metropolitan Development Authority,

Egmore, Chennai 8

7.The Commissioner,

Greater Chennai Corporation,

Rippon Buildings

Chennai 600 003

8.The Commissioner of Police,    Vepery, Chennai 7

9.The Inspection Cell Officer,

Collectorate Complex,    Rajaji salai, Chennai

10.The Joint Commissioner,

Hindu Religious and Charitable Endowments Department,

127, Yadhava Street,

Paadi, Chennai 50

 

 

M.N.Bhandari, CJ.      and

D.Bharatha Chakravarthy, J.

(sra)

 

W.P.No.19869 of 2022

 

04.08.2022

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