O R D E R

This Writ Petition is filed by the Executive Officer of Arulmighu Thirusoolanathar Thirukoil, Thrirusoolam,Chennai – 600 043, seeking a direction, not to sanction electricity connection to the encroachers in the petitioner's temple lands and to cancel the electricity connections already granted to the encroachers, by considering his representation dated, 15.07.2020.

2.The petitioner's temple is a Public Religious Temple, under the control of Tamil Nadu Hindu Religious and Charitable Endowments Department and is having vast extent of lands in various Survey Numbers in Thirusoolam Village to an extent of 77.82 acres. According to the petitioner, some of the lands have been leased out to the tenants and most of the lands have been encroached upon, in the year 2003. A suit was filed by the petitioner's temple before the Additional District Munsif Court, Alanthur, in O.S.No.288 of 2003, as against the President of Thirusoolam Village Panchayat; the Commissioner, St.Thomas Mount Panchayat Union; the District Collector, Kanchipuram District; and the Assistant Executive Engineer, Tamil Nadu Electricity Board, Pallavaram, seeking for permanent injunction, restraining the defendants from laying any road and also for mandatory injunction to remove the water pipe lines, road unlawfully laid by them and to remove all the electrical lines, cables unlawfully drawn in the suit schedule properties. The suit was decreed by the Court on 19.08.2010. Even thereafter, encroachments were made in the petitioner's property and those encroachments were also encouraged with the support of officials of the third respondent, without any approval or sanction. Several constructions were made in the petitioner's land and those constructions have been ratified by the respondents by providing water connection, electricity connection and by laying road on those encroachments.

3.Mr.A.K.Sriram, the learned counsel appearing for the petitioner temple submits that the petitioner's temple is not having sufficient man power to monitor the entire properties of the temple and the same was taken advantage by some encroachers, to occupy the lands, put up constructions and those unauthorised occupants have been recognized by the respondents, by providing them water connection, electricity connection and by establishing roads and other infrastructures. The temple administration is agitating this issue from the year 2003 and a decree has also been passed as against the respondents. Even then, the respondents are encouraging the encroachments in the petitioner's temple land. In some case, the encroachers claim that they have been permitted to occupy by the concerned authority. But there is no specific orders to that effect. Even otherwise, if any such permission/sanction has been granted, the same is against the provisions of the Hindu Religious & Charitable Endowments Act, 1959 and the District Municipalities Act, Electricity Act and other relative Rules and Regulations.

4. Upon inspection by the petitioner in the month of May

2019, it was found that more number of encroachments have been made in the temple land and therefore a representation was made to the respondents 1 to 3, requesting them not to grant any planning approval, electricity connections and water connections in the lands belonging to the petitioner's temple, without their consent or approval. The petitioner's temple has also made representation to the Tahsildar, Pallavaram, seeking survey and measurement of lands and also moved a Writ Petition before this Court in W.P.No.29924 of 2019. This Court by way of an interim direction, on 18.11.2019, directed the Revenue authorities to conduct survey and mark the boundaries. Accordingly, survey has been conducted by the Revenue Authorities and the boundaries have been identified. In the meantime, encroachments made in the petitioner's land have also been identified. As the authorities have found that there are more than 700 encroachments, the petitioner made r