IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 11.09.2024 CORAM:

THE HON'BLE Mr.JUSTICE M.DHANDAPANI W.P.No.17181 of 2011 and M.P.No.1 of 2011

1.V.Dharmalingam

2.Mageswari Dharmalingam ... Petitioners Vs.

1.The State of Tamil Nadu Rep.by Secretary to the Government Hindu Religious & Charitable Endowments Department Fort St.George, Chennai-600 009.

2.The Commissioner, Hindu Religious & Charitable Endowments Department Chennai-600 006.

3.The Joint Commissioner, Hindu Religious & Charitable Endowments Department Vellore, Vellore District.

4.The Executive Officer, Arulmigu Adhikesava Perumal &

Bashyakara Swami Thirukoil, Kancheepuram, Kancheepuram District.

5.The Superintendent of Police, Kancheepuram, Kancheepuram District.

6.The Inspector of Police, District Crime Branch, Kancheepuram, Kancheepuram District.

7.The Sub-Inspector of Police, District Crime Branch, Kancheepuram, Kancheepuram District.

8.International Sri Vaishnava Dharma Sumrakshana Society represented by its President Swamy Govinda Ramanujadasa No.33, Mahalingapuram Main Road, Nungambakkam, Chennai-34.

(R8 impleaded as per order dated 23.11.2011 by MMSJ in M.P.No.2/2011 in W.P.No.17181 of 2011) ... Respondents Prayer: This Writ petition has been filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus forbearing respondents 5 to 8 from taking any action against the petitioners on the basis of FIR No.35 of 2011 lodged by the fourth respondent on the file of the fifth respondent.

For Petitioners : Mr.V.Selvaraj For Respondents : Mr.K.Karhikeyan Government Advocate fore HR & CE Department for R1 to R3 : Mr.A.K.Sriram Senior Counsel for M/s.A.S.Kailasam Assoc. for R4 : Mr.L.Baskaran Government Advocate For R5 to R7 : R8- No Appearance ORDER This Writ Petition is filed seeking for a direction to the respondents 5 to 8 from taking any action against the petitioners on the basis of FIR No.35 of 2011 lodged by the fourth respondent on the file of the fifth respondent.

2. The learned counsel for the petitioner would submit that the petitioners are founder trustees of Dharma Medical Research and Charitable Trust. The trust has established two institutions namely Dharma Ayurveda Medical College and Velumailu Siddha Medical College at 48, Grand West Trunk Road, Sriperumbudur, Kancheepuram District. Both institutions have been recognized by the Government of Tamil Nadu, Central Council of Indian Medicine and are affiliated to Dr.MGR Medical University. The said institutions were established after obtaining necessary permission from the Government of Tamil Nadu and approval from the Central Government and other relevant authorities. A portion of the property where the colleges are situated was purchased by the Dharma Medical Research and Charitable Trust from the Trustee of Lakshmi Prabanna Ramanuja Doss Trust represented by its Trustee late Sri Mahant Damodhar Dass by way of two sale deeds dated 03.05.2001 and 30.08.1997 by Document Nos.1911 of 2001 and 4905 of 1997 on the file of District Registrar, Madras South and Lease Deed dated 16.09.1997 registered as Document No.4906 of 1997 on the file of District Registrar, Chennai South. The total extent of the land obtained by the petitioner's institution is 16.40 acres and thereafter, the revenue records are mutated in their favour and subsequently a portion of land was acquired by the National Highways Authority under the National Highways Act and the Sub-Court, Kancheepuram passed an order in LAOP No.123 of 2007 dated 03.10.2008 holding that the Dharma Medical Research and Charitable Trust alone is entitled to the compensation and dismissed the claim made by the (1) Sri Ram Prabhanachar and (2) Dinesh Diwari. Aggrieved by the dismissal of the LAOP.No.123 if 2007, Sri Ram Prabhanachar has filed A.S.No.760 of 2009 and Dinesh Diwari has filed A.S.No.328 of 2010 before this Court against and the same are pending and for the very same properties, there are several disputes are pending before the Civil Courts. Whil