IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 21.06.2023 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.6891 of 2021 and W.M.P.Nos.7428, 7432 & 7434 of 2021 S.K.Varadarajan S/o.S.Kumariah ...Petitioner Vs

1.The District Collector, Thiruvallur District, Office of the District Collector, Thiruvallur.

2.The Commissioner, Hindu Religious and Charitable Endowment Department, No.119, Mahatma Gandhi Road, Nungambakkam, Chennai - 600 034.

3.The Revenue Divisional Officer, Ponneri, Railway Station Road, NGO Nagar Extension, Ponneri - 601 204.

4.The Joint Commissioner, Vellore Hindu Religious and Charitable Endowment Department, Vellore - 632 009.

5.The Assistant Commissioner, Thiruvallur, Hindu Religious and Charitable Endowments Department, C.V.Naidu First Cross Street, Thiruvallur - 602 001.

6.The Inspector of Police (Law & Order), M-4 GNT Road, Redhills, Chennai - 600 052.

7.S.Manogaran S/o.Rajan

8.G.Rajendran S/o.Govindasamy

9.K.Velayutham S/o.Kalimuthu

10.P.Karmegam S/o.Ponnazhaghu

11.Fit Person, Arulmigu Muneeswarar Angala Eswari Temple, C.V.Naidu 1st Cross Street, Thiruvallur - 602 001. ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 3 to take over physical possession of the landed property at No.18, Burma Nagar, Padianallur Village, Redhills, Chennai - 600 052 tilted as 'Meikal Poramboku Land' as the same belongs to the Government of Tamil Nadu not belonging to the Arulmigu Muneeswarar Angala Eswari Temple, so as to be utilized for the public charitable purposes specifically with regard to the Burma Repatriates for whom the entire stretch of land has been originally allotted by the Government of Tamil Nadu.

For Petitioner : Mrs.K.Subhashini for Chennai Law Associates For Respondents : Mrs.S.Mythreye Chandru Special Government Pleader [R1, R3 & R6]

Mr.S.Yaswanth Additional Government Pleader [R2, R4 & R5]

Mr.C.K.M.Appaji [R7]

Mr.G.Shiva Surya [R8 to R10]

Mr.Suriya for M/s.A.S.Kailasam Associates [R11]

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O R D E R

This writ petition has been filed claiming multiple reliefs. One set of relief pertains to appointment of Special Officer to take over the administration of Arulmigu Muneeswarar Angala Eswari Temple and to restrain respondents 7 to 10 from using the name of the temple and collecting money from general public. The other set of relief sought for is for a direction to the official respondents to take possession of the 'Meikal Poramboku Land' where the Kalyana Mandapam is situated and which is being attempted to be taken over by respondents 7 to 10.

2. Heard Mrs.K.Subhashini, learned counsel appearing for petitioner, Mrs.S.Mythreye Chandru, learned Special Government Pleader appearing for respondents 1, 3 & 6, Mr.S.Yaswanth, learned Additional Government Pleader appearing for respondents 2, 4 & 5, Mr.C.K.M.Appaji, learned counsel appearing for the seventh respondent, Mr.G.Shiva Surya, learned counsel appearing for respondents 8, 9 & 10 and Mr.Suriya, learned counsel appearing for eleventh respondent.

3. This Court has carefully considered the submissions made on either side and the materials available on record.

4. Insofar as the temple is concerned, the counter affidavit filed by eleventh respondent gives a clear picture. The eleventh respondent is the fit person appointed for the temple. It has been stated in the counter affidavit that a suit was filed in O.S.No.112 of 2010 on the file of District Munsif, Ponneri, for a declaration to declare the subject temple to be a denominational temple by the interested persons. This suit came to be dismissed and as against the same, A.S.No.7 of 2014 was filed before the Principal Sub-Judge, Ponneri and this appeal was also dismissed for default.

In view of the same, the relief claimed to declare the temple as denominational temple by the interested persons came to an end.

5. The eleventh respondent has also taken a stand that the Kalyana Mandapam does not belong to the temp