The judgment reinforces the necessity for adherence to natural justice in encroachment proceedings, mandating a survey to determine encroachments while preserving the rights of affected parties.

ORDER :

[M. SUNDAR, J.,]

Captioned 'Writ Petitions' (hereinafter 'WPs' for the sake of brevity) pertain to two temples viz., '(a) Karupparaya Swami Temple also worshipped as Chinna Karuppa Swami Temple and (b) Karuvandaraya Temple both situate at Pallapalayam Village, Udumalpet Taluk, Tiruppur District' (hereinafter 'said temples' collectively for the sake of convenience and clarity). However, for the sake of specificity, 'Karupparaya Swami Temple also worshipped as Chinna Karuppa Swami Temple' shall be referred to as 'said temple I' and 'Karuvandaraya Temple' shall be referred to as 'said temple II'.

2. The crux and gravamen of the captioned matters is an allegation that said temples are situate in a waterbody and are therefore liable to be demolished.

3. Mr.G.Karthikeyan, learned senior counsel instructed by Mr.E.Karthik Raja, learned counsel on record for writ petitioners submits on instructions that said temples are more than 100 years old and when the temples came into existence, the lands in which they are situate were not classified as waterbodies however as counter affidavits, status reports have been filed and as there is no disputation between the parties regarding the survey numbers and the area where said temples are situate we refrain from delving into the same in detail more so in the light of the order which we propose to make.

4. Learned State counsel Mr.T.K.Saravanan (Additional Government Pleader) very fairly submits that a joint survey can be conducted, a survey report can be drawn up and if said temples are found to be encroachments, action can be initiated either under 'The Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} or under 'The Tamil Nadu Protection of Tanks and Eviction of Encroachment Act, 2007' (hereinafter 'Tanks Act' for the sake of convenience and clarity). This means that post survey, if said temples are found to be encroachments, they would be show caused and opportunity would be given either in accordance with the scheme of the statute qua said 1905 Act or as per Tanks Act in the light of T.K.Shanmugam principle { T.K. Shanmugam Vs. State of Tamil Nadu reported in 2015 (5) LW 397} This puts to rest the anxiety of the writ petitioners and we make it clear that it is open to the writ petitioners to send representations raising all available points including points raised in the captioned WPs if action under said 1905 Act or Tanks Act is initiated post survey.

5. Before we write the operative potion of the order, we deem it appropriate to write that said temples are admittedly public temples as of today within the meaning of sub-section (3) of Section 1 of 'The TAMIL NADU HINDU RELIGIOUS AND CHARITABLE ENDOWMENTS ACT , 1959 (Act 22 of 1959)' [hereinafter 'TN HR & CE Act' for the sake of convenience]. Therefore, we suo motu implead the Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, No.124, Uthamar Gandhi Salai (previously Nungambakkam High Road), Nungambakkam, Chennai – 600 034 and the Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Tiruppur, Tiruppur District as R4 and R5 respectively. Mr.K.Karthikeyan, learned Government Advocate (H.R. & C.E.) accepts notice for R4 and R5.

6. As said temples as of today are public temples it is only appropriate that R4 and R5 appoint Fit Person/s forthwith. As Fit Person is a transitory provision we make it clear that all the rights and contentions of the writ petitioners and/or any other person concerned with said temples are preserved/protected vide TN HR & CE Act or under any other law. As reg