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IN THE HIGH COURT OF JUDICATURE AT MADRAS
R. MAHADEVAN, J.
S. Sridhar & Others - Appellant
Versus
The State of Tamil Nadu, Represented by Secretary, Animal Husbandry & Fisheries Department, Chennai & Others - Respondent
Writ Petition Nos. 17248, 19258, 32091 & 33667 of 2013, 5159, 21654 & 21712 of 2018, & WMP Nos. 6334, 10073 & 25481 of 2018
Decided On : 04-11-2020
Constitution of India, 1950 – Article 226 – Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 – Sections 45, 63 – Issuance of a Writ of Mandamus – Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 6 to correct the wrong entries in the revenue records pertaining to Survey No.82/1 of Neelangarai Village, Kancheepuram District inasmuch it includes the Fisheries Department and consequently forbear the respondents 1 to 5 from continuing the occupation and enjoyment of the Temple lands in Survey No.82/1 of Neelangarai Village, Kancheepuram District – Held, Disputed lands, which have been in continuous possession and enjoyment of the respective temples, were transferred to other Departments entirely / partially. – However, the HR&CE Dept., which is the custodians of the temple properties, has not taken any steps to protect the interest of the temples, though the subject temples fall within the purview of the HR&CE Dept. – Such callous attitude on their part cannot be countenanced. – Court, time and again observed that Temples in Tamil Nadu are not only a source of identification of the ancient culture, but also a testimony of pride and knowledge of the talent in the field of arts, science and sculpture and a conduit for spiritual activities as well; and that, the properties of the religious institutions, more particularly, the temples have to be maintained properly in order to derive more income to spend for its betterment. – Commissioner, HR&CE Dept., Chennai, shall initiate appropriate action to retrieve the subject lands, remove all the encroachments, if any, and maintain the same with utmost care and for beneficial interests of the subject temples. Court feels it appropriate to recollect the observation of the Supreme Court in A.A.Gopalakrishnan v. Cochin Devaswom Board and others [2007 (7) SCC 482] that “the Government, members or trustees of boards/trusts, and devotees should be vigilant to prevent any such usurpation or encroachment. – It is also the duty of the Courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation.” – Order Accordingly
ORDER :
(Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 6 to correct the wrong entries in the revenue records pertaining to Survey No.82/1 of Neelangarai Village, Kancheepuram District inasmuch it includes the Fisheries Department and consequently forbear the respondents 1 to 5 from continuing the occupation and enjoyment of the Temple lands in Survey No.82/1 of Neelangarai Village, Kancheepuram District. (second part of the prayer was given up, vide order of this Court dated 26.11.2019.
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records of the 1st respondent in impugned G.O.Ms.No.2871 dated 27.09.1963 and to quash the same.
Writ Petition 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 6th respondent in impugned notice in Na.Ka.No. 9618/ 2013/Aa2, dated 22.11.2013 and quash the same and consequently forbear the respondents from carrying on any construction activities on the Temple lands in Survey No.82/1 of Neelangarai Village, Kancheepuram District including construction of compound wall, modern fish market, fish eatery and office building.
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus forbearing the respondents from interfering with the rights of worship including conducting of religious festivals on the temple lands in S.No.82/1 of Neelangarai Village, Kancheepuram District, consequently preventing the construction of compound wall, modern fish market, fish eatery and office building.
Writ Petition 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 order No.O.Mu.1500/2018/K2 dated 31.01.2018 issued by the 1st respondent and the Letter No.(D)79, Revenue, dated 16.02.1996 issued by the 7th respondent and quash the same and consequently direct the respondents 1 to 3 to issue Patta within a prescribed time limit for 2.57.5 hectares of temple Poromboke lands in S.No.143/1 of Omalur Village and Taluk, Salem District in the name of Arulmighu Kottaimariamman Thirukoil, Omalur.
Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus directing the 6th respondent to pay the land cost for S.F.No.143/1 to an extent of 1250 sq.meter out of 2.57.5 hectare situated at Omalur Village & Taluk, Salem District to and in favour of 11th respondent temple by considering the petitioner's representation dated 13.11.2017.
Writ Petition 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 order in Na.Ka. 8449/2018/K2 dated 28.03.2018 issued by the 1st respondent and quash the same and consequently direct the respondents 1 to 5 to annual the Sub-Division of 2.57.50 Hectares of lands in original S.No.143/1 of Omalur village and Taluk Salem District into 3 parts in S.Nos.143/1, 3 and 4 and further restrain the respondents 1 to 5 and 7 from acting in any manner to dispose / alienate/ lease/ assign/ utilize any part of the 2.57.50 Hectares of Temple poramboke lands in original S.No.143/1 of Omalur Village and Taluk Salem District in violation to Rule No.13 of Revenue Standing Order No.26.)
1. WP. Nos.17248, 19258, 32091 and 33667 of 2013 are concerning Sri Sakthi Muthamman Temple, Neelankarai, whereas WP.Nos.5159, 21654 and 21712 of 2018 are pertaining to Arulmighu Kottai Mariamman Thirukoil, Omalur, Salem District. Though technically different prayers have been sought in these two batches of writ petitions, yet, the issues involved herein being intertwined, they are considered and decided by this common order. At the threshold, it is pertinent to note that as far as WP
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