SEKAR REPORTER

Cont.P(MD)No.1671 of 2018 and W.P(MD) No.2491 of 2019D.KRISHNAKUMAR, J., andR.VIJAYAKUMAR, J.(Order of the Court was made by Justice D.Krishnakumar)A report has been filed by the Joint Commissioner / Executive Officer of Arulmighu Dhandayuthapani Swamy Temple Palani dated 24.06.2024, where in paras 5, 7, 9 and 11 it has been stated as under:”5.It is submitted that the temple had obtained the permission of the Commissioner, HRCE Department to provide land to the 138 encroachers, occupying the lands at Anna Chetti Madam and Giriveethi as well as PWD lands. The said encoachers were given with opportunity of allocating land belonging to the temple on lease basis which has not been availed by the encroachers and are trying to delay the process by claiming for patta for the lands to be allotted. In the said circumstances, the Revenue Department has issued another notice to the encroachers and there is no reply or action by the 138 encroachers. Therefore, it is humbly prayed that this Hon’ble Court may be pleased to issue directions to the concerned officials to evict the encroachers with the help of police force. The south Giriveethi vaiyapuri cannel bed Water Resource Department controlled area encroachments have not been fully removed. .

Sekar Reporter
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Cont.P(MD)No.1671 of 2018 and W.P(MD) No.2491 of 2019
D.KRISHNAKUMAR, J., and
R.VIJAYAKUMAR, J.
(Order of the Court was made by Justice D.Krishnakumar)
A report has been filed by the Joint Commissioner / Executive Officer of Arulmighu Dhandayuthapani Swamy Temple Palani dated 24.06.2024, where in paras 5, 7, 9 and 11 it has been stated as under:
“5.It is submitted that the temple had obtained the permission of the Commissioner, HRCE Department to provide land to the 138 encroachers, occupying the lands at Anna Chetti Madam and Giriveethi as well as PWD lands. The said encoachers were given with opportunity of allocating land belonging to the temple on lease basis which has not been availed by the encroachers and are trying to delay the process by claiming for patta for the lands to be allotted. In the said circumstances, the Revenue Department has issued another notice to the encroachers and there is no reply or action by the 138 encroachers. Therefore, it is humbly prayed that this Hon’ble Court may be pleased to issue directions to the concerned officials to evict the encroachers with the help of police force. The south Giriveethi vaiyapuri cannel bed Water Resource Department controlled area encroachments have not been fully removed. .
…

  1. It is submitted that the encroachment made by Pulipani
    Ashram in the Giriveethi is yet to be removed because when Revenue Department and Survey Department headed by the Inspector of Survey, tried a survey their lands on 20.06.2024 and the persons belonging to Ashram did not allow the officials to survey the temple property and survey is yet to be done and boundary stone is not yet fixed. It is humbly prayed that necessary orde may be issued to Revenue Department in this regad. Apart from the same the temple administration while clearing the encroachment on Pulipani Ashram in the inner circle of the Giriveethi, the commercial establishments were also closed to tow in line with the orders of the Hon’ble Court to completely close all the commercial activities. The ashram after some time have opened the shops by leasing out for commercial purposes thereby defying the orders of the Hon’ble Court. More one the Pulipani Ashram is extending their encroachment towards the hill inside and upward..
    9.It is submitted that there is a kerosene depot run by the Palani Cooperative Society in South Giriveethi in Survey No.861/2 which is classified as Giriveethi. The temple administration has requested the Society to relocate the kerosene depot in any other Government land or lands belonging to the society which has also not been complied with for many months.
    ..
  2. It is submitted the some days ago a new encroachment has been made in the T.S.No.856 in the Vaiyapuri Cannel bed under the control Water Resource Department. This has to be removed immediately.”
  3. The learned Special Government Pleader appearing for the Revenue Department submitted that 138 encroachers are claiming patta for the lands to be allotted to them. The said claim is contrary to the willingness earlier submitted by them to the authorities for accepting the alternative accommodation. When such being the position, the respondents ought to have taken necessary action for removal of encroachments in the aforesaid properties by issuing short notice to the encroachers. The learned counsel for the Devasthanam Board submitted that revenue department has issued another notice to the 138 encroachers. Therefore, it is a clear case that the respondents have not complied with the earlier directions of this Court and the learned Special Government Pleader is taking every efforts to defend the official respondents.
    D.KRISHNAKUMAR, J., and R.VIJAYAKUMAR, J.
    Jvm
  4. We are not inclined to accept the submission made by the learned Special
    Government Pleader appearing on behalf of the Revenue Department. Therefore,
    We directs the District Collector, Dindigul District and the Tahsildar, Palani, Dindigul District to appear before this Court on the next hearing date.
  5. The learned Special Government Pleader appearing for the respondent / Revenue Department shall file a report before this Court with regard to the action taken in respect of paras 5, 7, 9 and 11 of the report filed by the Joint
    Commissioner/Executive Officer of Arulmighu Dhandayuthapani Swami Temple,
    Palani dated 24.06.2024 (extracted above).
    List the matter on 02.07.2024 at 4.00 p.m.
    [D.K.K., J.] [R.V, J.]
    27.06.2024
    Jvm
    Cont.P(MD)No.1671 of 2018 and W.P(MD) No.2491 of 2019
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