Non-compliance of court orders, availability of alternate remedy under Section 21 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records relating to the order of the second respondent dated 30.07.2022 in Miscellaneous Petition No.225 of 2022 and quash the same.)

Common Order

1. By this common order, all the seven Writ Petitions are being disposed.

2. This is the third round of litigations before this Court. The petitioners are the encroachers of the land belonging the fourth respondent Arulmighu Thirusoolanathar Thirukovil. Earlier, W.P.No.20824 of 2013 was file by some of the encroachers. The said W.P.No.20824 of 2013 was disposed by an order dated 17.07.2014 with the following observations:-

6. Heard both sides. By consent, the main Writ Petition itself is taken up for final disposal.

7. At this juncture, it is relevant to extract the conditions stated in the counter affidavit filed by the 4th respondent for giving 'No Objection Certificate' to the petitioners, which reads as follows:-

i. I will not prevent the Temple authorities in having access to the Temple property occupied by me.

ii. I will pay the fair rent that to be fixed by the Temple authorities.

iii. I will pay the arrears of rent within the stipulated period.

iv. I will execute a lease deed in respect of the property I have occupied.

v. I will pay the donation (15 times of the rent) and I will pay advance amount (10 times of the rent).

8. In view of the affidavit filed by all the petitioners individually into Court today, thereby, agreeing to satisfy the conditions as stated by the fourth respondent in the counter affidavit filed by him, suffice it to state that the fourth respondent shall immediately fix the fair rent for each of the petitioners within a period of one month from the date of receipt of a copy of this order and on such fair rent being fixed, each of the petitioners shall pay 50% of the total due directly to the fourth respondent and in turn, the fourth respondent shall give 'No Objection Certificate' to give temporary electricity service connection to the petitioners. After payment of full amount, the fourth respondent shall give 'No Objection Certificate' to give permanent electricity service connection to the petitioners. Thereafter, the petitioners shall submit an application along with the 'No Objection Certificate' to the third respondent, who in turn shall pass necessary orders, thereby, providing permanent electricity service connection to the petitioners.

9. With the above direction and observation, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs.

3. Apparently, the above order was observed in breach. The fourth respondent Temple had filed W.P.No.12351 of 2020 for issuance of a Writ of Mandamus, to direct the first and second respondent, i.e. Block Development Officer of St.Thomas Mount Panchayat Union and Executive Officer of Thirusoolam Panchayat, to consider the representation of the fourth respondent Temple dated 15.07.2020 and to take suitable action against the illegal construction.

4. By an order dated 30.11.2021, this Court directed the Commissioner of Hindu Religious and Charitable Endowments Department to treat the encroachers / private respondents therein as tenants and to fix the fair rent, within a period of six months from the date of receipt of a copy of the said order. The said order has also not been complied.

5. Meanwhile, W.P.No.21323 of 2021 [Public Interest Litigation (PIL)] was filed before First Bench of this Court, for a direction to the official respondents to take steps to evict the encroachers. Orders have been passed in W.P.No.21323 of 2021 [Public Interest Litigation (PIL)] and the case is now regularly coming up in the list for reporting compliance.

6. The petitioners along 42 others had filed W.P.Nos.20418 & 20425 of 2022 for issuance of a Writ of Mandamus, to direct the respondents to fix a fair rent for the lands occupied by them