Encroachment proceedings initiated under Section 78 of the Tamil Nadu HR & CE Act must be conducted fairly and independently, preserving the interests of all parties until conclusion.

ORDER :

(M. SUNDAR, J.)

Captioned writ petition pertains to alleged encroachment in 'S.F.No.110/1 (admeasuring 3.63 acres or thereabouts), S.No.184/2 (admeasuring 1.40 acres or thereabouts) and S.No.111/2 (admeasuring 1.85 acres or thereabouts) at Omalur Village, Omalur Taluk, Salem District' [hereinafter 'said lands' for the sake of convenience].

2. Writ petitioner Thiru.Radhakrishnan, appearing party-in-person submits that there is large scale encroachments qua said lands, action has not been initiated in spite of persistent efforts and that has necessitated the filing of the captioned main writ petition.

3. Writ petitioner submits that said lands belong to 'Arulmigu Kannanur Marriamman Temple, Omalur Town, Salem District, Pin: 636 455' [hereinafter 'said temple' for the sake of convenience and clarity]. It will suffice to say that Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) is before us on behalf of R9, R18 to R20 and R28. To put it differently, learned State counsel Mr.N.R.R.Arun Natarajan represents 'Tamilnadu Hindu Religious and Charitable Endowments Department' [hereinafter 'TN HR&CE Dept.' for the sake of brevity]. Mr.T.K.Saravanan, learned Government Advocate represents the other official respondents (R1 to R8, R10 to R17 & R21). Mr.D.Magesh, learned counsel is before us on behalf of R25 and Mr.K.B.Vivekanandhan, learned counsel is before us on behalf of R26 & R27. To be noted, R25 has been described as 'Trustee of said Temple' and according to writ petitioner, R26 and R27 are alleged encroachers. To be noted, Mr.A.Karthik, son of Mr.Ayyanar, resisting at 14/7, Harijana Hostel Street, Omalar Town and Taluk, Salem District was present in Court. Mr.A.Karithik placed before us proceedings of R19 dated 29.08.2023 bearing reference and a scanned reproduction of the same is as follows:

4. This means that Mr.A.Karthik is a non-hereditary trustee qua said temple.

5. Be that as it may, when the matter was taken up, learned Special Government Pleader for TN HR & CE Dept. Mr.N.R.R.Arun Natarajan submitted on written instructions that proceedings for removal of encroachment under Section 78 of 'The Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959 (Act 22 of 1959)' [hereinafter 'TN HR & CE Act' for the sake of brevity] have since been initiated as regards said lands. Learned State counsel has placed before us a copy of the written instructions / communication in this regard from jurisdictional Inspector of TN HR & CE Dept. and a scanned reproduction of the same is as follows:

6. To be noted, the above may qualify as privileged communication vide the Indian Evidence Act, 1872 but State counsel has fairly waived the same and placed before us the communication to assist and aid the Court.

7. Learned State counsel for TN HR & CE Dept. also submits on further instructions that Section 78 proceedings, which are underway, are three in number and that the same would be concluded as expeditiously as the business of R18 would permit but in any event within six months from today i.e., by 08.07.2025. This submission is recorded.

8. Section 78 proceedings being underway means that alleged encroachers would be show-caused and would be given opportunity to participate in the enquiry before R18. This puts in safety valve as regards alleged encroachers. In any event, merely for the sake of completion of facts we record the submission of writ petitioner that a stone quarry is being worked in said lands.

9. Though obvious, we make it clear that we have not expressed any view or opinion on the merits of the matter, which means Section 78 proceedings will proceed on its own merits and in accordance with law untrammeled by any observation in this order.

10. The narrative thus far makes it clear that the interest of all concerned re