Madras High Court
R.Gnanasigamani vs The Joint Commissioner on 22 August, 2024
Author: Mohammed Shaffiq
Bench: Mohammed Shaffiq
W.P(MD)No.9309 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 22.08.2024
CORAM
THE HONOURABLE MR JUSTICE MOHAMMED SHAFFIQ
W.P(MD)No.9309 of 2024
and
W.M.P(MD) No.8498 of 2024
1. R.Gnanasigamani
2. R.John Kennedy
3. A.Athinarayanan ... Petitioners
.Vs.
1. The Joint Commissioner
Hindu Religious and Charitable Endowments Department
B1 Road, Ellis Nagar,
Madurai
2. The Assistant Commissioner
Hindu Religious and Charitable Endowments Department
No.18, Nachi Street,
Virudhunagar – 626 001
Virudhunagar
3. The Executive Officer
Sri Nachiar (Andal) Temple
Srivilliputhur,
Srivilliputhur Taluk
Virudhunagar District
https://www.mhc.tn.gov.in/judis
1
W.P(MD)No.9309 of 2024
4. The Assistant Engineer(P.W.D)
Srivilliputhur
Virudhunagar District
(R4 Suo motu impleaded vide Court
order dated 16.04.2024)
5. The District Educational Officer(Elementary)
Sivakasi, Virudhunagar District
(R5 suomotu impleaded vide court order
dated 20.08.2024) ...Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India, praying for the issuance of a Writ of Certiorarified Mandamus, to
call for the records of the impugned order passed by the first respondent
in M.P.No.3 of 2022 dated 11.03.2024 and quash the same as illegal and
also direct the respondents to re-fix the monthly rent from 01.07.2016
after issuing objection notice along with calculation sheet to the
petitioners for the Neerali Mandapam at an extent of 9282 Sq ft
comprised in Ward No.1, Block No.13, T.S.No.1469 situated at Neerali
Mandapam, Srivilliputhur, Srivilliputhur Taluk, Virudhunagar District by
following the circular issued by the Commissioner, Hindu Religious and
Endowments Department on 10.03.2022.
For Petitioners : Mr.C.Gunaseelarupan
For R-1,2 & 4 : Mr. K.S.Selvaganesan
Additional Government Pleader
For R3 : Mr.M.Kannan
Standing Counsel
https://www.mhc.tn.gov.in/judis
2
W.P(MD)No.9309 of 2024
ORDER
The Writ Petition was filed challenging impugned order passed by the first respondent in M.P.No.3 of 2002 dated 11.03.2024, whereby the petitioners were treated as encroacher under Section 78 of the Hindu Religious and Charitable Endowments Act and a sum of Rs. 14,51,100/- was said to be recovered towards damage and usage in terms of Section 79 of Hindu Religious and Charitable Endowments Act. The above order is under challenge in the present Writ Petition.
2. When this Writ Petition came up for admission, interim order dated 16.04.2024 was passed by this Court, whereby the petitioners were directed to pay 50% of arrears calculated at Rs.18,000/- per month from the month of November 2017. In compliance thereof, the Writ petitioners have remitted a sum of Rs. 7,48,350/- on 21.05.2024 and on 30.05.2024 another sum of Rs.7,48,350/-, in all amounting to Rs.14,96,700/-. During the course of hearing, the learned Additional Government Pleader had also raised a concern over the petitioners continuing the school in the above premises, in view of the fact that the building is in dilapidated condition. That apart, it was situated over a water body. The building https://www.mhc.tn.gov.in/judis 3 W.P(MD)No.9309 of 2024 where the school is being run is surrounded by water on three sides and the safety of the children studying in the said school was at risk.
3. In the meanwhile on 16.04.2024, the Assistant Engineer/PWD was impleaded and directed to inspect the property and file a report as to whether the building was safe for running the school and whether the school was in fact situated in a water body.
4. Pursuant thereto, the Public Works Department submitted a report dated 19.06.2024, wherein it was stated that pillars in the kalmandapam have suffered extensive damage and the outer walls are also in bad condition and not plastered. The report also states that roof and wooden walls are severely damaged and that they need immediate attention/repair, for the safety of the children is in issue.
5. The learned counsel appearing for the petitioners submitted that they also do want want to risk the safety of the children. He further submitted that there was an alternative site in the temple land and they would shift the school to the said site.
https://www.mhc.tn.gov.in/judis 4 W.P(MD)No.9309 of 2024
6. In view of the above submission, this Court vide order dated 20.08.2024 suo motu impleaded the District Educational Officer (Elementary), Sivakasi and directed him to visit the proposed site and ensure that it is in compliance with the parameters necessary for conducting classes 1 to 5, in that alternative site and suggest any alterations if required to be carried out. A report was filed by the DEO who inspected the premises on 20.08.2024, wherein it was interalia stated,
a) That the Neeralimandapam where the school is situated is in dilapidated condition and would collapse at any time;
b) In the southern side of the Neerali mandapam, there is another building covered with asbestos wherein the school is now proposed to be run by the petitioners.
c)The asbestos sheet is not safe and conducive for conducting the school and therefore, the petitioners were instructed by District Educational Officer to replace it with concrete roof within a year and a half.
7. The school committee including the Secretary had given undertaking that the measures would be taken to ensure that the asbestos https://www.mhc.tn.gov.in/judis 5 W.P(MD)No.9309 of 2024 roof is replaced with concrete roof within the stipulated time nearly a year and a half. On the basis of the above said undertaking, the District Educational Officer is of the view that the school can be continued temporarily in the above site. The relevant portion of the order of the District Educational Officer is extracted hereunder:
“NkYk; m];ng];lh]; $iu Nta;e;j ,lj;jpy;
gs;sp nray;gLtjhy; khzth;fSf;F ghJfhg;G ,y;iy
Mjyhy; m];ng];lh]; $iuapid KOikahf mfw;wp
tpl;L xd;wiu tUlq;fspy; fhd;fphPl; $iuahf khw;wg;gLk; vd;w cWjpnkhopapid Kj;jpiuj; jhspy; mr;rplg;gl;L gs;spj; jiyth; nrash; cs;spl;ll gs;spf; fkpl;b cWg;gpdh; ifnahg;gkpl;L jUtjhf cWjpaspj;Js;shh;. tprhuizapd; NghJ njhptpf;fg;gl;l thf;F%yk; kw;Wk; cWjpnkhopapd; mbg;gilapy; gs;spapid muRf;F xg;gilf;fhky; kPz;Lk; nra;gLj;Jtnjd jPh;khdpj;Js;shh; vd tprhuizapy; njhpa tUfpwJ. vdNt gs;spr; nrayh; kw;Wk; Nfhtpy; eph;thfj;jhy; Fwpg;gpl; ,lj;jpy; gs;spapid jw;fhypfkhf elj;jyhk; vd;w tpguj;jpid gzpe;J njhptpj;Jf; nfhs;fpNwd;.”
8. A memo dated 22.08.2024 has been filed by the petitioners as well as the Executive Officer . In the memo filed by the petitioners, it is inter alia stated that the petitioners would remove the asbestos roof and replace the same with concrete roof within a year and a half and also https://www.mhc.tn.gov.in/judis 6 W.P(MD)No.9309 of 2024 abide by the conditions imposed by the third respondent, i.e., Executive Officer. The relevant portion of the memo filed by the petitioner is extracted hereunder:
“4.It is also submitted that as stated in the report filed by the District Educational Officer(Elementary) Sivakasi on 21.08.204 before this Hon'ble Court, the petitioners will remove the asbestos roof and they will change roof as concrete within a period of a year and a hald and the petitioners will abide the conditions imposed by the 3rd respondent in her affidavit dated 22.08.2024 and thus render justice. per the direction of this Hon'ble Court, the District Education Officer(Elementary), Sivakasi has submitted a report on 21.08.2024 and as per the report to run the school and in that after receiving the above Demand Draft, the 3rd respondent also issued a computerized receipt for the same on 05.06.2024 and the receipt is also humbly attached with this memo”.
9. The relevant portion of the memo filed by the third respondent is extracted hereunder:
“i) For the entire extent of 9282 sq.ft in which the school is being run, they will agree for fixation of the fair rent for the period between 01.07.2019 to 30.06.2022 and 01.07.2022 to 30.06.2025 and pay the rent till the date of handing over of possession and immediately pay the entire demand made by the third respondent temple.
ii) Appropriate permission will be obtained for running the school from the Chief Educational Officer of the District and https://www.mhc.tn.gov.in/judis 7 W.P(MD)No.9309 of 2024 submitted to the Temple
iii) They will vacate the Neerali Mandapam comprised in about 5200 sq.ft and handover vacant possession to the Temple.
iv) The Writ petitioners will be permitted to retain the remaining 400 Sq.ft for running the school with the above conditions and will pay the fair rent to be fixed by the Temple without any default.
v) That in the vacant land situated to the south of the Neerali Mandapam, the writ petitioners will put up a pathway and also raise the compound wall around the Neerali Theppakulam at their own cost and expenses ”
10. In view of the above report and the undertaking given by the petitioners, the petitioners are permitted to temporarily run the school in the said building in compliance with the conditions imposed by the District Educational Officer as well as the Executive Officer including payment of rent agreed upon.
11. Recording the same, the Writ Petition stands closed. No costs. Consequently connected miscellaneous petitions are closed.
22.08.2024 NCC:Yes/No Index:Yes/No Internet:Yes/No aav https://www.mhc.tn.gov.in/judis 8 W.P(MD)No.9309 of 2024 To
1. The Joint Commissioner Hindu Religious and Charitable Endowments Department B1 Road, Ellis Nagar, Madurai
2. The Assistant Commissioner Hindu Religious and Charitable Endowments Department No.18, Nachi Street, Virudhunagar – 626 001 Virudhunagar
3. The Assistant Engineer(P.W.D) Srivilliputhur Virudhunagar District https://www.mhc.tn.gov.in/judis 9 W.P(MD)No.9309 of 2024 MOHAMMED SHAFFIQ, J.
aav W.P(MD)No.9309 of 2024 22.08.2024 https://www.mhc.tn.gov.in/judis 10