(Order of the Court was made by the Acting Chief Justice) The petitioner has filed this writ petition seeking issuance of a writ of Mandamus directing respondents, particularly respondents 1 to 5, to take necessary action to recover the following lands belonging to Lord Kumaragu Subramania Swamy Temple from respondents 9 to 14 situated at Ammapettai Town, Salem Taluk and District viz., (i) bearing Door No.254/1401 (Old No.253/1401 & 254/1401), as per present Re-survey, Ward-N, Block No.29, Present Door No.335, T.S.No.134, measuring both sides 7.10 x 26.10 ft-219 Sq.ft. (ii) bearing Door No.253 & 254/1401, Old D.No.254/1401, as per present Re-survey, D.No.334, Ward -N, Block No.29, T.S.No.134, measuring both sides 11.6 x 12.07.10 ft. & - 26.10 x 26.10 - 315 Sq.ft. (iii) bearing Door No.113B/1401, (Old No.254/1401) present D.No.113B, Sengunthar Metu Street, J-Division as per Re-Survey Ward-N, Block No.29, D.No.335, T.S.No.134 (Part), belonged to the Temple Devasthanam, measuring 12.3 x 12.3, 31 x 31.6 702 Sq.ft., and (iv) bearing Door No.113 (Old D.No.113/1401), Sengunthar Mettu Street, as per Re-Survey D.No.113, J-Division, Ward-AJ, Block No.29, D.No.1/10, T.S.No.134/2 measuring 35< x 15>, 51 x 21 1088= sq.ft. - a total extent of 2294.5 Sq.Ft. on the basis of my representation dated 20.11.2016.
2. The grievance of the petitioner is that the lands belonging to temple have been encroached upon by respondents 9 to 14 and, therefore, immediate steps should be taken to remove the encroachments and recover the lands.
3. Mr.R.Vijayakumar, learned Additional Government Pleader appearing for respondents 1, 2 and 6 and Mr.M.Maharaja, learned Special Government Pleader appearing for respondents 3 to 5 have submitted that they will conduct a survey of the lands and thereafter take effective steps to remove the encroachments and restore the temple lands.
4. In view of the above said submission, it is for the respondent authorities to do the needful to survey the temple lands and remove the encroachments, of course after issuing notice to the encroachers and following the due process of law.
The writ petition is disposed of accordingly. No costs.
(H.G.R., ACJ.) (T.K.R., J.) 23.03.2017 Index : No Internet : Yes sasi To:
1 The District Collector Salem District, Salem.
2 The Tahsildhar Salem Taluk and District Salem.
3 The Commisioner Hindu Religious & Charitable Endowment Nungambakkam, Chennai - 600 034.
4 The Deputy commissioner Hindu Religious & Charitable Endowment Coimbatore.
5 The Executive Officer Senkunthar Kumaraguru Subramania Swamy Koil Devasthanam Ammapettai, Salem.
6 The Sub Registrar Salem (East) S.R.O., Salem.
HULUVADI G.RAMESH,ACJ.
AND RMT.TEEKA RAMAN,J.
(sasi) W.P.No.5292 of 2017 23.03.2017 http://www.judis.nic.in