SEKAR REPORTER

Court News from Madras High Court

A.Radhakrishnan, filed temple case PIL filed in mhc /initiation of present litigation is that the agricultural properties of various temples have to be safeguarded in accordance with law. It is relevant to point out that as per the Tamil Nadu Public Trust (Regulation of Administration of Agricultural Lands Act) 1961 (hereinafter called as Act) in every district Tahsildar is the competent person to implement / execute the order passed by the Revenue Court.

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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(Special Original Jurisdiction)

W.P.No. 16926       of   2024

A.Radhakrishnan,
S/o. T.Arumuga gounder,
38, Mettu Agraharam,
Salem – 636 001. …Petitioner
-Versus-

  1. The Secretary to Government,
    Public (Special A) Department,
    Secretariat,
    Chennai – 600 009.
  2. The Secretary to Government,
    Revenue Department,
    Secretariat,
    Chennai – 600 009.
  3. The Secretary to Government,
    Tourism Culture & Endowments Department,
    Secretariat,
    Chennai – 600 009.
  4. The Commissioner of Revenue Administration,
    Chepauk,
    Chennai – 600 005.
  5. The Commissioner of Land Reforms,
    Chepauk,
    Chennai – 600 005.
  6. The Commissioner,
    Hindu Religious and Charitable Endowments
    Department,
    119, Nungambakkam High Road,
    Chennai – 600 034. …Respondents

Page No.1
Corrns:Nil
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AFFIDAVIT OF A. RADHAKRISHNAN

I, A.Radhakrishnan, son of T.Arumuga gounder, Hindu, Male, aged about 45 years, residing at 38, Mettu Agraharam, Salem – 636 001, temporarily l come down to Chennai, do hereby solemnly affirm and sincerely state as follows:-

  1. I am the petitioner herein and as such I am well acquainted with the facts and circumstances of the case.
  2. I Submit that I am filing the present PROBONO PUBLICO litigation for want of direction as against the respondents 1 to 3 to consider my representation dated 18.10.2023 and also on the communication of the 4th respondent dated 03.10.2022 and 5th respondent communication dated 29.01.2024.
  3. The reason behind the initiation of present litigation is that the agricultural properties of various temples have to be safeguarded in accordance with law. It is relevant to point out that as per the Tamil Nadu Public Trust (Regulation of Administration of Agricultural Lands Act) 1961 (hereinafter called as Act) in every district Tahsildar is the competent person to implement / execute the order passed by the Revenue Court.
    Page No.2
    Corrns:Nil

-03-

  1. When the facts are being above, due to failure in applying the above act, there are many numbers of temple agricultural lands are misused and mismanaged and the same has cause loss to the concern temples. If the competent authority of Tahsildar in every taluk acted in accordance with the provisions of the above Act, the agricultural properties of temple could be safeguarded and the ultimate beneficiary is the temple.
  2. In view of various anomaly in implementing the above Act by the competent authority of the Tahsildar in all over the State, various temple agricultural lands are affected and therefore I approached the Government initially with request to issue suitable directions to the competent authorities to implement the said Act in its letter and spirit and thereby there was a instruction to 4th respondent by consider my request and for appropriate action.
  3. The 4th respondent on receipt of above such instructions from Government, had sent his instructions vide Na.Ka.No.RA 7(1)/31/2022 dated 03.10.2022 to all District Collectors and respective authorities and in that communication, he specifically pointed out that to issue suitable direction to the competent authorities to act in accordance with the above Act and maintain records and thereby safeguard the temple agricultural lands. The 4th respondent also instructed to complete the process and report the same within a period of 30 days.
    Page No.3
    Corrns:Nil

-04-

  1. Even though the 4th respondent has directed all the District Collectors to complete the said process on time bound manner, here is no progress in this regard. Therefore, the 4th respondent had once again sent his reminder communication vide Na.Ka.No. RC 7(1)/31/2022 dated 04.11.2022 and in which gave suitable instructions to all the District Collectors and also enquired about the action taken as per his earlier communication dated 03.10.2022 and inform such action taken also to me.
  2. It is relevant to point out that the 4th respondent, has instructed all the Collectors to the State vide his communication dated 03.10.2022 and 04.11.2022 about implementation of the above Act by the competent authorities and even after lapse of more than a year no development on the communication of 4th respondent, therefore again I sent my detailed representation dated 18.10.2023 to the respondents herein and others and in my representation, I specifically brought to the knowledge to the respondents about earlier communications on the no action in this regard.
  3. The above my representation has been duly submitted before Chief Secretary, Government of Tamil Nadu and respondents 1 to 3 herein as in person. Further to avoid any delay in this matter, I also escalate my said representation to the Governor of Tamil Nadu and the Chief Minister of Tamil -05-
    Nadu, with intention to safeguard the temple agricultural lands all over the Tamil Nadu.
  4. On receipt of my above representation dated
    13.10.2023 by the Chief Secretary of Tamil Nadu, immediately called the respondent’s 1 to 3 herein as in person to his office and gave instruction to act immediately on my representation without causing further delay and at that time of said meeting, my above representation has been handed over to the 2nd respondent.
  5. The respondents 2 & 3 on and after receipt of my representation, in turn they handed over to the 4th respondent and gave suitable instructions to act immediately. It is also relevant to point out that the representation submitted to the Governor of Tamil Nadu had also communicated through the letter No. 6419/V3/2023 dated 24.11.2023 to the 5th respondent with instruction to take appropriate action.
  6. On receipt of communication from the office of Governor, the 5th respondent has sent his communication in Na.Ka.No. A2/9089 / 2023 (LR) dated 29.01.2024 to all the Collectors of Tamil Nadu wherein he insists and instruct to sent suitable communication to the competent authority to Act in accordance with law and seeks the action taken report. -06-
  7. From the above said communications, anyone can come just conclusion that except correspondence of letters there is no improvement about on my representation and so far, the grievance has not been addressed and redressed for the reasons best known to them. It is more relevant to point out that I approached the 5th respondent on the following dates 02.04.2024 & 12.06.2024 as in person and made request to consider my representation. But I was not satisfied on the reply of the 5th respondent because of the delay. In the said circumstances, I have left with no other alternative, effective and efficacious remedy, except to invoke the extraordinary jurisdiction of this Honourable Court, under Article 226 of the Constitution of India.
  8. I have not filed any writ petition or appeal either before this Honourable Court or before any forum of law or authority regarding the subject matter of present writ petition.
  9. I submit that I am filing this writ petition on my individual capacity as well as to the interest of general public and I have no personal interest, personal gain and oblique motive in this writ petition and if it is found the same, I am ready to pay the cost imposed by this Hon’ble Court and I filed this petition out of my own fund. I further submit that up to my knowledge there is no public Interest Litigation filed in

-07-
respect of present issue. I am not an income tax assessee and eking my livelihood with agriculture income of Rs.2,00,000/pa. I have no PAN card and my Aadhar Number is 8135 2177 8318.
1.
It is therefore most humbly prayed that this Hon’ble Court may be pleased to issue Writ, Order or direction specifically Writ in the nature of WRIT OF MANDAMUS issue direction directing the respondents 1 to 3 to consider the petitioner representation dated 18.10.2023 along with the 4 & 5th respondent’s instructions dated 3.10.2022, 4.11.2022 and 29.01.2024 and pass such further or other orders as this Hon’ble Court may deem fit and proper on the circumstances of the case and thus render justice.

`
Solemnly affirmed at Chennai BEFORE ME on this the 18th day of June 2024 and the contents has explained into tamil and the deponent put his
Signature in my presence: – ADVOCATE, CHENNAI

Page No.7 & Last Corrns:

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