Religious activities must be conducted in accordance with the law, and encroachment and illegal construction cannot be justified by religious sentiments.

JUDGMENT

(Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the 3rd respondent in his proceedings in L.A.1/165/08 dated 11.11.2014 and quash the same and consequently forbear the respondents herein from interfering with the peaceful possession administration of the petitioner temple.)

1. The present writ petition has been filed to quash the order dated 11.11.2014 passed by the third respondent informing the petitioner- Trust that they cannot claim title or ownership in respect of the subject property, which belongs to the Tamil Nadu Housing Board.

2. Mr.S.Parthasarathy, S/o.P.N.Sundararajan, who is the resident of Tamil Nadu Housing Board Colony, Pallipalayam, Erode, filed sworn affidavit on behalf of Sri Thrinethrathasapuja Anjaneyar Seva Trust in his capacity as the President of the petitioner-Trust.

3. The writ petitioner states that in Survey Nos.388/1A and 391/1 in Pallipalayam Village, Tiruchengode Taluk, Namakkal District, a temple, namely, Kongu Thirupathi for worshipping the Deities Anjaneyar, Venkatesa Perumal and Panchamuga Vinayagar is situated and managed by the petitioner-Trust, namely, Sri Trinethra Dasabuja Anjaneyar Seva Trust. The writ petitioner-Trust was registered under the Tamil Nadu Societies Registration Act on 31.10.2007 and therefore, the petitioner-Trust is a Society.

4. The Trust/Society was registered for the effective management of the said temple and performance of daily poojas, kumbabishekam etc. The public at large are visiting the temple and therefore the petitioner-Trust requested the respondents to protect the temple from the outsiders.

5. The petitioner has stated that the temple was constructed in Survey Nos.388/1A and 391/1 in Pallipalayam Village, Tiruchengode Taluk, Namakkal District, which belongs to the respondent-Department.

6. The petitioner filed Civil Suit in OS No.274 of 1999 on the file of the District Munsif Court, Tiruchengode to restrain the third respondent from interfering with the management of the temple and to grant injunction. The injunction was granted and the third respondent asked the petitioner-Trust to withdraw the suit. The suit was dismissed as withdrawn on 01.09.2005.

7. The petitioner-Trust made several representations to the respondents to regularise the temple and allot the land to the petitioner- Trust on concessional rate.

8. The respondents passed an order fixing the total amount of Rs.18,77,825/- and the petitioner was not in a position to pay such a huge amount.

9. The subject matter was placed before the High Level Committee for consideration and approval. The petitioner received communication from the Chairman of the respondent-Board dated 30.10.2009 vide Board''s Resolution No.9.04. The Board had accepted the recommendations of the High Level Committee to allot the land on collection of the present market value to the petitioner-Trust and the Board''s Resolution was sent to the Government for approval.

10. The first respondent-Government sent a reply to the petitioner-Trust stating that the allocation rights of the Government has been ceased and all the remaining unsold portions of the land were converted as shares belonging to the Tamil Nadu Housing Board represented by the second respondent. The subsequent representations submitted by the petitioner went in vain. The respondents did not allot the land by regularising the occupation of the petitioner-Trust and the temple constructions. Since there is no allotment order made by the respondent- Board, the fourth respondent is frequently threatening the petitioner-Trust. Thus the petitioner-Trust is constrained to move the present writ petition.

11. The counter-affidavit filed by the third respondent reveals that the lands in question and the other lands measuring about 117 acres were acquired by the Government of Tamil Nadu Housing Board Department under Land Acquisition Ac