D.KRISHNAKUMAR, J.ANDR.VIJAYAKUMAR, J. Con.P.order
Cont.P(MD)No.1671 of 2018
and W.P(MD) No.2491 of 201
D.KRISHNAKUMAR, J.
AND
R.VIJAYAKUMAR, J.
(Order of the Court was made by D.Krishnakumar, J.)
The petitioner/Party-in-Person and the learned Standing Counsel for the Devasthanam Board, Palani made a vehement submission before this Court that the elected representatives of the local body, namely Chairman and Counsellors have protested in front of the Devasthanam office, as against the removal of encroachments in and around Girivalaveethi.
2. This Contempt Petition is of the year 2018 and it is pending for more than 6 years without any strict compliance, despite series of orders were passed by earlier Division Benches of this Court, directing the Municipality of Palani to remove the encroachments and unauthorized constructions in the Girivalapathai. It is pertinent to cull out and extract those directions given by the earlier Division Benches of this Court in respect of Palani Temple:
2.1. Order dated 16.08.2017 made in W.P.(MD) Nos.1341 of 2017 and 191 of 2016: The writ petitions were filed by the Executive Officer/Joint Commissionre of Palanai Dhandayuthapaniswamy Temple seeking direction to the respondents to remove all the encroachments and to stop the commercial activities in the Giriveethi at Palani and also to restrain the respondents to issue Licene/ID Cards for street vendor in repsect of Giriveethi in Palani. This Court has observed that when this Court in W.P.(MD) Nos.17889, 18047 to 18049 and 19392 to 19394 of 2015 dated 10.02.2014 prohibited commercial activity in the mountain path, it is not open to any authority, be it a Devasthanam or the Government or the District Administration or the Local Body to grant permission for carrying any commercial activity in the Giriveedhi and allowed the writ petitions.
2.2. Order dated 26.03.2018 made in W.P.(MD)No.23598 of 2017: The said writ petition was filed by A.Radhakrishnan / party-in-person, seeking for a Mandamus directing the respondents to remove the encroachments made in the land situated around Arulmighu Dhandayuthapani Swami Temple, Palani, as per the proceedings of the District Collector, Dindigul in Na.Ka.No.4727/2013/A1 dated 17.06.2013 and further to direct the Joint Commissioner / Executive Offier to strictly comply with the conditions imposed in G.O.Ms.No.1258 dated 13.03.1948, Local Administration Department and G.O.Ms.No.3324 dated 31.08.1974 by considering the representation dated 18.12.2017. This Court, by relying upon the earlier Division Bench order, has disposed of the writ petition as under:
" 6....Therefore, the authorities of the Temple shall ensure that 'Giri veedhi' is free from any encroachment. Whenever there is a requisition made to the District Collector, Dindigul or to the Superintendent of Police or to the Executive Engineer or to any other Governmental authority for any assistance by the Joint Commissioner/Executive Officer-ninth respondent, the same shall be extended without any reservation for ensuring that 'Giri veedhi' is free from encroachment.
7.The second aspect is that the encroachers, who are in and around the Temple in various locations. In this regard, the petitioner refers a minutes of a joint meeting conducted on 07.02.2018 at about 05.30 pm. The minutes show that action is being initiated by the Municipality, however, we express that continuous action is required to be taken by the Municipality in association with the revenue department wherever required.
8.Therefore, we direct the respondents 6 to 8 as well as the respondents 11 and 12 to take appropriate action and wherever it is found that there is an encroachment in Government land, Panchayat land, Corporation Land etc., proceed to take expeditious action in that regard."
2.3. Alleging wilful disobedience of the order dated 26.03.2018, the petitioner/party-in-Person has filed the present Cont.P.(MD)No.1671 of 2018. When the present contempt petition was listed on 03.09.2020, this Court has passed the following order:
"3.It prima facie appears that much progress have not been made as to the removal of encroachments, atleast the identified encroachment, leave alone the other encroachments. It is very pertinent to point out at this juncture that in the Town of Palani the famous Dhandayudhapani Swamy Temple is located, wherein lakhs and lakhs of devotees are visiting for worshiping the presiding deity and on account of the non-removal of encroachments, the said Town is struggling to cope up with the growing worshipers and it is high time that the District Administration, Municipal Administration and Police Administration should take immediate and necessary steps to remove all the encroachments, in the light of the various directions issued by this Court, especially, in terms of the final order dated 16.08.2018 made in W.P.(MD) No.1341 of 2017 and 191 of 2016 [The idol of Arulmighu Dhandayuthapani Swamy v. The District Collector, Dindigul and others].
4.This Court after hearing the rival submission of the respective learned counsel for both parties is prima facie of the view that no worthwhile progress had taken place and not only most of the encroachments continue to remain but also the menace is increasing day-to-day, may be on account of the lackadaisical attitute exhibited by the officials. It is high time that the concerned Administration/officials should woke up from the deep slumber and shall take immediate and necessary action in accordance with law to abate such menace/illegalities. Therefore, this Court is of the considered view that the presence of the District Collector, Dindigul as well as the Commissioner, Palani Municipality are required for the purpose of lending necessary assistance to this Court. Accordingly, the said officers shall appear through Video Conference on 15.09.2020 in CONT P(MD). No.1671 of 2018 5.The learned Special Government Pleader appearing for the official respondents also undertakes to file an additional affidavit of compliance/status report with photographs.
2.4. On 15.09.2020, when the writ petition in W.P.(MD) No.2491 of 2019 filed by the petitioner A.Radhakrishnan / party-in-person, came up for hearing, this Court has passed the following order:
“4. A perusal of the compliance/status reports would indicate among other things that there is absolute lack of coordination between the District administration, Local Body administration, Highways authorities and the Law and Order enforcement and the Temple authorities. The contents of the said report would prima facie indicates that there is a serious dispute as to the ownership or otherwise of the lands belong to Temple authorities, Local Body, Government and Highways. Though the compliance report of the Tahsildar, Palani dated 15.09.2020, would disclose that some action has been taken after dawn of the year 2020, conferring the magnitude of the encroachments, it appears to be a drop of water in the ocean.
5. As per the above cited report of the Tahsildar - Palani, most of the places in which encroachments are there belong to Arulmigu Dhandayuthapani Swamy Temple at Palani and whereas, according to the learned Standing Counsel appearing for the Temple, it is not so. Taking advantage of the lack of coordination/differences of opinion among the said authorities, the encroachers continue to have a field day and as already pointed out, the report of the learned Advocate Commissioner also paints a very sorry and disturbing picture.
6. It is also to be noted at this juncture that, suits and other proceedings are pending and it is a well settled position of law that in the absence of any interim orders of restraint, it is open to the concerned authorities to proceed further in accordance with law in an expeditious manner and cause removal of the encroachments.
7. During the course of arguments, it is suggested by the respective learned Counsel appearing for the parties that the lands in entire Palani Town are to be surveyed and measured, so as to find out the real ownership or some hanky-panky things, which might have been took place for change of classification and issuance of patta.
8. In order to find out feasibility of finding the irregularities/illegalities, this Court in W.P.(MD).No.2491 of 2019, suo motu impleads the following officials as respondents.
i. The Commissioner of Revenue Administration, Disaster Management and Mitigation, Ezhilagam Building, Chepauk, Chennai - 600 005.
ii. The Commissioner of Land Administration, 2nd floor, Ezhilagam, Chepauk, Chennai - 600 005.
iii. Director of Survey and Settlement Department, Survey House, Chepauk, Chennai - 600 005.
iv. Director of Town and Country Planning, No.807, Anna Salai, Chennai – 2.
v. Commissioner of Municipal Administration, No.78, Urban Administrative Building, Santhome High Road, Chennai – 28.
vi. The Sivagiripatti Village Panchayat, Rep. by its President, Sivagiripatti, Palani Taluk, Dindigul – 624601.
9. The respective learned Counsel appearing for the parties are directed to exchange the status reports filed by them and come out with their respective response in the form of further affidavits with supporting documents. It is once again made clear that the efforts are to be taken to cause removal of encroachments, if there are no legal interdicts by resorting due process of law as expeditiously as possible and make a Town of Palani as pilgrim friendly. ”
2.5. On 03.01.2024, when the contempt petition first came up before us, considered the seriousness of the issue involved, we had constituted a Monitoring Committee headed by Mr.Justice V.Bharathidasan, Retired Judge, Madras High Court, as the Chairman and the District Collector, Superintendent of Police, Divisional Engineer, Highways Department, Dindigul District, as the Members of the Monitoring Committee. One Mr.Natarajan (Retd), Joint Commissioner, H.R. & C.E.Department, Palani, is also appointed as a Member to assist the Monitoring Committee. This Court also directed the Monitoring Committee to inspect the area in question from 05.01.2024 onwards and file an interim report as well as suggestions for permanent solution in this matter before this Court by 09.01.2024.
2.6. On 09.01.2024, this Court, based on the interim report dated 07.01.2024 filed by the Chairperson of the Monitoring Committee, has passed the following directions:
"18..'(i) The Monitoring Committee shall verify whether there is any encroachment in the property in question as alleged by the petitioner/party-in-person including the Municipality's property.
(ii) The respondents, namely Municipal Commissioner, Commissioner of Police and Commissioner of HR & CE Department, based on the aforesaid submissions, shall not allow any encroachers in the aforesaid property in and around Giriveethi (Malaipathai) during the Thai festival and thereafter also.
(iii) As per the undertaking given by the Joint Commissioner, HR & CE Department, necessary steps will have to be taken as far as the closure of the illegal running of commercial activities and for removal of encroachment in the aforesaid property either in temporary or in permanent structure with the assistance of Police and other authorities.
(iv) In order to prevent the encroachers, as suggested by the Devasthanam, we direct the Joint Commissioner of HR & CE Department to install iron pillar or concrete pillar on the roads leading to Giriveethi;
(v) The HR & CE Department shall erect check posts or barricades either by automatic or manual in all four main roads which are connecting to Giriveethi namely Malaipathai in order to prevent those encroachers from the said lands and the movements of the vehicles shall also be prevented;
(vi) Devesthanam shall make necessary arrangements for parking of the vehicles and the Monitoring Committee shall also suggest for parking those vehicles in the alternative place.
(vii) The Superintendent of police is directed to give necessary instructions to the Deputy Superintendent of Police to depute Police personnels to monitor the abovesaid 'Giriveethi' by not allowing the illegal occupation of the said land and the pushcarts etc.'
For filing further report, post on 23.01.2024"
2.7. Thereafter, several orders were passed by this Court on various occasions viz., on 24.01.2024, 15.02.2024, 04.03.2024, 08.03.2024, 12.03.2024, 19.03.2024, 21.03.2024, 26.03.2024, 27.03.2024 28.03.2024, 15.04.2024, 25.04.2024, 07.06.2024, 27.06.2024, giving directions to the authorities for removal of encroachments. The officials of the Devasthanam Board / HR&CE, Revenue Department and Police Officials have promptly complied with the order passed by this court.
2.8. The Commissioner, Palani Municipality, who is also a party in the contempt petition, has filed a compliance report in W.P.(MD)No.23598 of 2017. The said compliance report was also extracted in our earlier order dated 02.07.2024, as under:
"4. In compliance of the aforesaid order of the Division Bench, a compliance report has been filed by the Commissioner, Palani Municipality dated 20.01.2024. The learned Standing Counsel for the Palani Municipality has drawn the attention of this Court to the said compliance report filed by the Commissioner, Palani Municipality wherein it has been stated that a review meeting was conducted on 06.01.2024, wherein the officials of Highways Department, Palani Town, Taluk and Traffic Police, Palani Devasthanam, Revenue Divisional Officer and Palani Municipality participated and all the temporary encroachments in the road belonging to Municipality leading to Palani Temple Adivaram, Sannathi Road, Aiyampuli Road, Arul Jyothi Veethi, Adivaram Reteri Road, Kuravan Parai and Thiruaavinkudi road were removed. It is further stated in the said report that in the aforesaid roads belonging to Municipality, the street vendors who were temporarily doing business were also evicted then and there and as per the direction of the Committee, a survey is being conducted to identify the permanent encroachments and upon identification, the same will be removed.
5. In the light of the above, the Commissioner, Palani Municipality is directed to submit their report to the District Collector, Dindigul, who is also a member of the Monitoring Committee constituted by this Court and the Chairman of the District Monitoring Commitee constituted by the Government for removal of encroachments in water bodies and other Government Lands vide G.O.(Ms.)No.64, Revenue and Disaster Managerment Department dated 08.02.2022 and the Chairperson of the Higher Level Monitoring Committee constituted by the Government to curb and monitor the unauthorised constructions as per G.O.(2D) No.15, Municipal Administration and Water Supply (MA.1) Department dated 01.03.2024. On such submission of compliance report by the Commissioner, Palani Municipality, the District Collector, Dindigul shall inspect the aforesaid streets / location as stated in the aforesaid compliance report filed by the Commissioner, Palani Municipality and if any encroachments and unauthorised constructions are noted, necessary action to be taken for removal of encroachments and unauthorised constructions in accordance with law, within a period of two weeks and file a report before this Court on the next hearing date.”.
3. In compliance of the order passed by this Court dated 02.07.2024, the District Collector, Dindigul has filed a compliance report stating as follows:
“6. It is submitted that pursuant to the order of this Hon'ble Court dated 02.07.2024, meeting of High Level Monitoring Committee was conducted by this respondent on 10.07.2024 and necessary instrutions were given to Commissioner Palani Municipality for ensuring timely actions in accordance with Palani Municipality for ensuring timely actions in accordane with Honourable Court's order dated 02.07.2024. The 20th respondent, namely, the Commissioner Palani Municipality has submitted a report to this respondent who is chairman of High Level Monitoring Committee, Dindigul District on 15.07.2024 and in the report, the Commissioner has stated that pursuant to the order of this Hon'ble Court, inspections were conducted with the help of municipal employees and revenue surveyors in respect of Sannathi Street, Ayyampulli Road, Arul Jothi Veethi, Thiru Aavinan Kudi Road, Adivaram Iteri Road and Kuravanparai and during the inspections, it was informed by the concerned land owners, it was noted that there are totally 344 unauthorized constructions and 20 buildings which were deviated from the approval plan. It is submitted thatthe Commissioner Palani Municipality has stated in his report that they will verify the same by issuing appropriate notice to the concerned land owners either under the provisions of Tamil Nadu Urban Local Bodies Act, 1998 and Rules 2023 or under the provisions of Tamil Nadu Town and Country Planning Act and thereafter, they will pass final orders and thereafter they will take further actions as contemplated under the relevant provisions and therefore, they need three months time to complete the above said acts. ….
8. It is submitted that pursuant to the report submitted by the Commissioner of Palani Municipality, the report has to be placed before the High Level Monitoring Committee, Dindigul District and after scrutinizing the report, the Committee has to inspect the said locations in accordance with Honourable Court’s order dated 02.07.2024 for which, this respondent needs four weeks time for further action by the High Level Monitoring Committee, Dindigul District. Hence, it is prayed that his Hon’ble Court may be pleased to give 4 weeks time to the High Level Monitoring Committee, Dindigul District for further actions on the report of the Palani Municipality.”
4. It is now brought to the notice of this Court that the office bearers, Chairman and Councillors of local municipality have protested in front of the Devasthanam Board office against the removal of encroachments in and around Girivalapathai. The Office Bearers and Councillors of Municipality may be aware of the compliance report filed by the Commissioner of Palani Municipality before this Court and it seems that they have passed resolutions in contravention and violation of the orders passed by the Government, Division Bench orders of this Court and the orders passed in the present contempt petition, in the presence of the learned counsel for the Municipality. If that being so, the said act of the Chairman and Councillors of local municipality is nothing but to defy the orders of this Court and therefore, this Court is constrained to take serious view of the matter.
5. The learned Additional Advocate General appearing for the respondents submitted that as per G.O.(Ms.)No.64, Revenue and Disaster Management Department dated 08.02.2022, the District Collector, who is the Chairman of the District Monitoring Committee constituted by the Government, is competent and empowered to take necessary action for removal of encroachments.
6. In such circumstances, we directs the District Collector, Dindigul to look into the resolutions passed by the Municipality, Palani and if the actions and resolutions passed by the Municipality are contrary and violation to the Government Order, Division Bench orders or orders passed in the Contempt Petition, the District Collector shall conduct inquiry, take necessary action and file a report before this Court.
7. List the matter after on 30.07.2024 for filing of report by the District Collector, Dindigul, in the light of the aforesaid directions passed by this Court. [D.K.K., J.,] [R.V., J.]
16.07.2024
Jvm
D.KRISHNAKUMAR, J.
AND
R.VIJAYAKUMAR, J.
Jvm
Cont.P(MD)No.1671 of 2018
and W.P(MD) No.2491 of 2019
16.07.2024
