Madras High Court
A.Radhakrishnan vs The Secretary To Government on 3 September, 2020
Author: N. Anand Venkatesh
Bench: N.Anand Venkatesh
W.P.No.10143 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 03.09.2020
CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.10143 of 2020
A.Radhakrishnan ... Petitioner
-Vs-
1 The Secretary to Government
Revenue Deparatment Secretariat Chennai-
600 009.
2 The Secretary to Government
Home Deparment Secretariat Chennai-600 009.
3 The Secretary to Government
Tourisam and Culture Endowments Department
Secretariat Chennai-600 009.
4 The Commissioner of Revenue
Administration Chepauk Chennai-600 009.
5 The Commissioner of land Adm
inistration Chepauk Chennai-600 005.
6 The Director of Survey and Settlements
Chepuak Chennai-600 005.
7 The Commissioner
Hindu Religious and Coharitable Endowments
Department No.119, Nungambakkam High Road
Chennai- 600 034.
8 The Director General of Police
Kamarajar Salai, Chennai-600 004.
9 The District Collector
Namakkal.
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W.P.No.10143 of 2020
10 The Inspector of Police
West Region Coimbatore
11 The Regional Deputy Director
of Survey and Land records Collectorate
Campus Coimbatore
12 The Deputy Inspector General of Registration
3rd Floor Collectorate Campus Salem.
13 The Regional Joint Director
of Muncipal Administration Sathiram Salem-
636 009.
14 The Superidententing Engineer
Tamil Nadu Electricity Generation and
Distribution of Corporation Namakkal
15 The Assistant Director
Town and Country Planning Department
16 The Tahsildar
Trichengode Namakkal District.
17 The Joint Commissioner
Hindu Religious and Charitable Endowments
Department
18 The Assistant Commissioner
Hindu Religious and Charitable Endowments
Department Namakkal.
19 The Present Administrator
Arulmigu Mariamman Group Temples
Sattaiyampudur Trichengode Taluk Namakkal
District. … Respondents
Prayer : Writ Petition under Article 226 of the Constitution of India praying
for the issuance of a Writ of Mandamus directing the 11th respondent to
conduct field survey in respect of properties in survey numbers of 50/3 56/
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W.P.No.10143 of 2020
and 75/2 to an extent of 3-60.0 1-32.0 and 0-80.0 hectares at
Sattaiyampudur Village Trichengode Taluk Namkkal District on the basis of
Chalan dated 13.07.2020 and represented dated 13.07.2020 and
consequentially issue further direction to the other respondents to co-
operate and assists for Field survey to the 11th respondents and pass such
further or other orders.
For Petitioner : Mr.R.Marudachalamurthy
For Respondent : Mr.R.Arul Doss, Government Advocate
- for RR 11 & 16
Mr.R.Venkatesh – for RR 17 to 19
ORDER
The petitioner who claims to be a devotee of the 19th respondent temple has filed this writ petition for the issue of a Writ of Mandamus directing the 11th respondent to conduct a Field Survey in respect of the subject property based on the representation made on 13.07.2020.
2. The case of the petitioner is that the subject property belongs to the 19th respondent Temple and no efforts have been made to safeguard the properties belonging to the temple and as a result of the same various persons are attempting to encroach upon the property and the authorities are turning a blind eye to such encroachments. The petitioner therefore made a representation on 13.07.2020 to the 16th respondent seeking for conducting a Field Survey in the subject property and to demarcate the same and secure the property of the 19th respondent Temple. Since the http://www.judis.nic.in 3 / 13 W.P.No.10143 of 2020 same was not considered, the present writ petition has been filed before this Court seeking for appropriate directions.
3. The learned counsel for the petitioner submitted that repeated orders are being passed by this Court to secure the properties of the various temples which has fallen into the hands of the encroachers. To substantiate this submission, the learned counsel brought to the notice of this Court, the order passed in W.P.(MD) No.14428 of 2017 dated 12.02.2018 and W.P.(MD) No.16833 of 2017 dated 12.02.2018. The learned counsel therefore requested this Court to pass similar orders by giving appropriate direction to the respondents to conduct a Field Survey of the subject property.
4. Mr.Arul Doss, learned Government Advocate appearing on behalf of the respondents 11 and 16 submitted that the representation made by the petitioner wil be considered and a Field Survey will be undertaken. Mr.R.Venkatesh, learned Government Advocate appearing on behalf of the respondents 17 to 19 submitted that a Field Survey can be conducted by the 16th respondent and the HR & CE Department will give their full cooperation in ascertaining the properties of the 19th respondent Temple.
5. This Court has carefully considered the submissions made on either side and the materials available on record. http://www.judis.nic.in 4 / 13 W.P.No.10143 of 2020
6. This Court, while passing an order in W.P.(MD) No.14428 of 2017 dated 12.02.2018 has dealt in detail with regard to the menace of encroachments into temple properties and the authorities turning a blind eye without taking any action. This Court therefore gave various directions in the said order. The relevant portions in the order is extracted hereunder.
“18. The custodians of the temple properties be it the trustees or the HR & CE department must keep in mind the object and the reason behind such donations to the temple. The endowments are created and the lands are donated in love, in faith and in satisfaction towards the one’s contribution to the religion they profess, for the temple to be self- sufficient to perform all every day rituals, to ensure that people who profess and practice same ideology and belief are uplifted economically and spiritually and for the subsistence of their religion. Section 23 of the HR & CE Act specifically lays down the powers and duties of the Commissioner in respect of temples and religious endowments. A duty is cast on the Commissioner to ensure that such temples and endowments are properly administered and that their income is duly appropriated for the purposes for which they were founded or exist. Therefore, whenever any order is passed, the object of the endowment is not to be forgotten. Section 29 of the Act lays down the preparation of register for all institutions by the commissioner.
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19.Needless to say, the properties of the religious institutions, more particularly, the temple properties have to be maintained properly in order to derive more income to spend for the betterment of the temples. Statistics reveal that few years ago there was 5.25 lakh acres of land and only 4.78 acres exist now. The balance of nearly 50,000 acres are in the hands of encroachers. It was a practice that a portion of the first yield from the lands would be given to the temple. Now, it is very pertinent to point out that when the properties/lands belonging to the temples in our State are not properly maintained, then the revenue/income could not be derived therefrom and therefore, it would not be in the interest of the temples/religious institutions and the lands are alienated illegally. No doubt, the Hindu Religious and Charitable Endowment Department, being the competent authority to regulate the affairs of the public religious institutions/temples in the entire State, having failed continuously for a considerable time should now initiate appropriate steps to retrieve the properties of the temple/religious institutions in the State. The Joint Commissioners are clothed with the power to retrieve the temple lands from the encroachers by exercising the powers under Sections 78, 79 and
80. In addition to the powers under Sections 23 and 29, the Commissioner is granted with powers to ensure that lands belonging to the temple and endowments are not alienated or leased or encumbered illegally and against the interest of such institution. http://www.judis.nic.in 6 / 13 W.P.No.10143 of 2020
20. Therefore, this Court, considering the various allegations and the lapses on the part of the Department and in the capacity as parens patriae, issues the following directions to the respondents:
a. The 3rd respondent shall conduct an inquiry under Section 78 of the HR & CE Act and take steps to recover the property subjected to this writ petition from the purchasers, after giving opportunity to all the parties concerned and such steps shall be initiated not later than two weeks from the date of receipt of this order;
b. The 5th respondent shall prepare and file a report specifying the details of the temple lands in Tamil Nadu for which patta has been granted to third parties/encroachers within four weeks from the date of receipt of a copy of this order;
c. The 6th respondent shall instruct all the Tahsildars or District Revenue Officers as the case may be, to take steps to alter the patta granted to the beneficiaries of illegal transfer of land or possession and restore the name of the temple with further direction to refrain from issuing patta without getting written communication from the H.R & CE department related to the temple lands and such process shall be commenced within four weeks from the date of receipt of a copy of this order; d. The details/particulars regarding the properties/lands owned by the said Public Religious Institutions/temples have to be collected as contemplated under Section 29 of the HR & CE Act and must be published http://www.judis.nic.in 7 / 13 W.P.No.10143 of 2020 in the Official Website of the H.R. & C.E. Department, forthwith and a report to that effect shall be filed before this Court not later than four weeks from today;
e. The 5th respondent shall within four weeks, file a report disclosing the lands, the details of the sanction granted by him for alienating the properties of the temples in Tamil Nadu either by way of sale, exchange or mortgage or lease beyond five years with the copy of the approval obtained from the Government and the report of objections from the trustees or interested parties as contemplated under Section 34 of the Hindu Religious and Charitable Endowments Act, 1959; f. The 5th respondent shall constitute a committee/committees for each territories / regions and direct the members to visit all the temples in Tamil Nadu, identify the lands belonging to and in the custody of the temple and in the hands of the encroachers with the help of the Tahsildars of the respective revenue Districts and submit a report before this Court within six weeks from the date of receipt of a copy of this order;
g. The 5th respondent shall send a communication to the trustees for various temples and collect the details of the properties under their custody and in illegal occupation of third parties, the properties alienated by them with or without sanction and the list of cases pending in various courts and submit a report within six weeks from the date of receipt of the copy of this order;
http://www.judis.nic.in 8 / 13 W.P.No.10143 of 2020 h. Further, the 5th respondent shall look into it as to whether appropriate departmental action is taken against the erring http://www.judis.nic.in 38 officials of the H.R. & C.E. Department and the trustees of the temples under Sections 53 and 66 of the Act, against whom, the allegations with regard to illegal transfers of the properties/lands owned by the Public Religious Institutions/temples are made, after conducting proper enquiry in this regard;
i. The 5th respondent shall issue appropriate directions to his subordinates to ensure that the temple properties are not sold, parted or leased illegally;
j. The 5th respondent shall instruct the appropriate Assistant Commissioners/Joint Commissioners to initiate inquiry under Section 78 to retrieve the temple lands from the encroachers and shall submit a report to that effect within four weeks;
k. The 5th respondent shall cause to issue public notices informing the public/ encroachers /third parties in possession of the temple lands to voluntarily come forth and surrender the lands to avoid penal action, failing which, inform them that prosecution will be initiated against them under Section 79B of the HR & CE Act.
The directions issued above must be strictly complied with, failing which, this Court would not hesitate to initiate appropriate proceedings as this is the second opportunity given to the 5th respondent after the directions issued on 31.10.2014.” http://www.judis.nic.in 9 / 13 W.P.No.10143 of 2020
7. This is yet another case where a devotee of the 19th respondent temple has approached this Court on the ground that the properties belonging to the Temple has not been properly conserved and maintained and therefore he wants the Revenue Authorities to conduct a Field Survey in order to secure the property and enable the temple authorities to take immediate action to remove the encroachments, if any.
8. In view of the specific stand taken by the learned Government Advocate appearing on behalf of the HR & CE Department, there shall be a direction to the 16th respondent to immediately act upon the representation made by the petitioner on 13.07.2020. The Field Survey shall be conducted in the subject property and a report shall be submitted to the 11th respondent. The respondents 17 to 19 shall cooperate at the time of conducting the survey and shall provide with all the relevant particulars to enable the 16th respondent to conduct the survey. The 16 th respondent shall also give a report to the 17th respondent after the completion of the survey.
The 17th respondent shall immediately act upon the report given by the 16th respondent and take necessary action for removal of encroachments, if any, by giving proper notice. This process shall be completed within a period of twelve weeks from the date of receipt of a copy of this order. http://www.judis.nic.in 10 / 13 W.P.No.10143 of 2020
9. This Writ Petition is disposed of with the above directions. No costs.
03.09.2020 Index : Yes/No Internet : Yes/No KST To 1 The Secretary to Government Revenue Deparatment Secretariat Chennai- 600 009.
2 The Secretary to Government Home Deparment Secretariat Chennai-600 009. 3 The Secretary to Government Tourisam and Culture Endowments Department Secretariat Chennai-600 009.
4 The Commissioner of Revenue Administration Chepauk Chennai-600 009. 5 The Commissioner of land Adm inistration Chepauk Chennai-600 005.
6 The Director of Survey and Settlements Chepuak Chennai-600 005.
7 The Commissioner Hindu Religious and Coharitable Endowments Department No.119, Nungambakkam High Road Chennai- 600 034.
8 The Director General of Police Kamarajar Salai, Chennai-600 004.
http://www.judis.nic.in 11 / 13 W.P.No.10143 of 2020 9 The District Collector Namakkal.
10 The Inspector of Police West Region Coimbatore 11 The Regional Deputy Director of Survey and Land recoerds Collectorate Compus Coimbatore 12 The Deputy Inspector General of Registration 3rd Floor Collectorate Campus Salem.
13 The Regional Joint Director of Muncipal Administration Sathiram Salem- 636 009.
14 The Superidententing Engineer Tamil Nadu Electricity Generation and Distribution of Corporation Namakkal 15 The Assistant Director Town and Country Planning Department 16 The Tahsildar Trichengode Namakkal District.
17 The Joint Commissioner Hindu Religious and Charitable Endowments Department 18 The Assistant Commissioner Hindu Religious and Charitable Endowments Department Namakkal.
19 The Present Administrator Arulmigu Mariamman Group Temples Sattaiyampudur Trichengode Taluk Namakkal District.
http://www.judis.nic.in 12 / 13 W.P.No.10143 of 2020 N. ANAND VENKATESH, J.
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