SEKAR REPORTER

Court News from Madras High Court

D.KRISHNAKUMAR   , J. and R.VIJAYAKUMAR, J. krk

by ·

Cont.P.(MD) No.1671 of 2018 and

W.P.(MD) No.2491 of 2019

D.KRISHNAKUMAR, J.

and

 R.VIJAYAKUMAR   , J.

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.]

Mr.A.Radhakrishnan, party-in-person, has filed Cont.P.(MD) No. 1671 of 2018 alleging willful disobedience of order dated 26.03.2018 passed in W.P.(MD) No.23598 of 2017.

  • The background of the case are as follows:

Earlier the Executive Officer / Joint Commissioner of Arulmigu Dhandayuthapani Swamy Thirukovil, Palani, Dindigul District filed W.P.(MD) No.1341 of 2017 seeking a direction to the District Collector, Dindigul District, Sub Collector, Palani and the Commissioner, Palani Municipality to forbear them from issuing license / ID cards for street vendors in respect of Giriveethi at Palani and one K.B.Swaminathan filed W.P.(MD) No.191 of 2016 seeking a direction to the Commissioner, Palani Municipality and the Joint Commissioner / Executive Officer, Palani Devasthanam, to remove all the encroachments and to stop the commercial activities in the Giriveethi at Palani.

  • This Court, by a common order dated 16.08.2017, allowed the

said writ petitions.  The relevant portion of the said order is extracted hereunder:

“5. The learned Counsel appearing for the Devasthanam strenuously submitted that whatever commercial activity is licensed by Devasthanam is only in respect of its patta lands and not in the Giri Veethi. This submission is placed on record. This Court specifically restrain the respondents in W.P.(MD)No. 1341 of 2017 from issuing license / Identity Cards for street vendors in respect of the Giriveethi at Palani. Since object of both the writ petitioner appears to be one and the same, this Court has no hesitation in allowing both the writ petitions. No costs. Consequently,

connected miscellaneous petition is closed.”

  • In view of the above order, Palani Devasthanam has no right to

grant licence for the encroachers to run their business unauthorizedly in the Giriveethi at Palani.

  • Subsequently, the petitioner – A.Radhakrishnan, party-in-

person, filed a writ petition in W.P.(MD) No.23598 of 2017 seeking a direction to the respondents to remove encroachments made in the land situated around Arulmigu Dhandayudhapani Swami Temple, Palani, as per the

proceedings of the District Collector, Dindigul District, dated 17.067.2013 and to direct the Joint Commissioner / Executive Officer / Fit Person, Arulmighu Dhandayudhapani Temple, Palani, to strictly comply with the conditions imposed in G.O.Ms.No.3324, Local Administration Department, dated 31.08.1974.

  • On 08.01.2018, when the said writ petition came up for

hearing, the Division Bench of this Court has passed the following order:

“9.The Special Officer cum Commissioner, Palani Muncipality, Dindigul District-tenth respondent herein is directed to file an affidavit with regard to the actions taken so far to remove unauthorised, unapproved encroachment including building in and around ‘Malaivalapathai’ (Giriveedhi) and also what are all the steps they contemplated to take and what is the time they require for that.”

  • Subsequently, on 26.03.2018, the said writ petition was

disposed of by this Court.  The operative portion of the said order is extracted hereunder:

“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. ”

  • Alleging willful disobedience of the said order, the petitioner

A.Radhakrishnan, party-in-person, filed Cont.P.(MD) No.1671 of 2018.  On 21.03.2019, when the said contempt was taken up for hearing along with the another writ petition  in W.P.(MD) No.2491 of 2019 filed by the very same petitioner – A.Radhakrishnan, party-in-person, seeking a direction to the District Collector, Dindigul District, to take appropriate action to secure and safeguard the properties belonging to Arulmigu Dhandayuthapani Swamy Temple, Palani and to take appropriate steps in respect of the infrastructures and other developments in the temple and its surrounding area of the temple for the welfare and well being of the devotees, by considering the petitioner’s representations dated 20.02.2013 and 04.07.2017, this Court has observed as follows:

“2. It is stated that on 23.03.2019, a meeting was convened by the District Collector, in which, the officials from various Departments including Revenue Department, Police Department, Municipality and Fire and Rescue Department participated and as per the decision taken, the operation of eviction has been carried out. It is further stated that the order passed by this Court on 19.03.2019 has been fully complied with. The police officials were present at the time of removal of the encroachment found in the Malaivazhi Pathai. The photographs evidencing the eviction of the encroachment have also been filed. A report to that effect has also been filed by the Superintendent of Police, Dindigul District and the Divisional Engineer, Highways, Palani.

Therefore, the order of this Court has been complied with.

3. However, Mr.A.Radhakrishnan, Party-in-

person, intends to test the veracity of the reports viz., removal of the encroachment from Malaivazhi Pathi and other roads and he seeks permission to visit Palani Town and Palani Temple on 24.03.2019, which is accordingly granted. During his visit, the Police authorities are directed to provide bandobust. The Municipal, Revenue Department and the Temple officials are directed to be present during his visit.”

  • Again, on 03.09.2020, when the said contempt petition came

up for hearing, 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.”

  1. 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.

  • 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.

  • 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.
    • 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.
    • 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.
  • The Commissioner of Revenue Administration, Disaster Management and

Mitigation, Ezhilagam Building, Chepauk, Chennai – 600 005.

  1. The Commissioner of Land Administration, 2nd floor, Ezhilagam, Chepauk, Chennai – 600 005.
  2. Director of Survey and Settlement Department, Survey House, Chepauk, Chennai – 600 005.
  3. Director of Town and Country Planning, No.807, Anna Salai, Chennai – 2.
  4. Commissioner of Municipal Administration, No.78, Urban

Administrative Building, Santhome High Road, Chennai – 28.

  • The Sivagiripatti Village Panchayat, Rep. by its President,

Sivagiripatti, Palani Taluk, Dindigul – 624601.

  • 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. ”
  • The grievance of the petitioner – A.Radhakrishnan, party-in-

person, is that though the Advocate Commissioner has filed an interim report and this Court has issued several directions, as extracted above, to the respondents, there is no coordination among the officials concerned, which results in large number of encroachments in the nature of shops, such as pushcarts, temporary shops etc., in the Giriveethi causing much inconvenience to the devotees of Arulmigu Dhandayuthapani Swami

Thirukovil, Palani.

  1. This Court, in the order dated 03.09.2020 in Cont.P.(MD) No.

1671 of 2018, has specifically observed 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.  However, still the respondents have not viewed the matter seriously and not taken necessary action against the encroachers.

  1. The Advocate Commissioner has also filed a report stating

that despite the orders of this Court, no action has been taken by the respondents for removal of encroachments in Giriveethi and still there are large number of encroachments, which are to be necessarily removed.

  1. The learned Additional Advocate General submitted that

pursuant to the directions issued by this Court, the alleged encroachments have been removed already.  However, encroachments have been made subsequently.  On 06.12.2023, the District Collector and the Superintendent of Police convened a meeting, wherein  a decision was taken to remove all the encroachments in the Giriveethi from 05.01.2024.

  1. The learned Additional Advocate General and the learned

counsel appearing for the Temple as well as the other Departments undertake that the encroachments, as alleged by the petitioner, will be removed at the earliest and no prejudice will be caused to the devotees of the temple.

  1. The petitioner – A.Radhakrishna, party-in-person, vehemently

submitted that the famous festival of Thaipoosam festival is scheduled to be held on 25.01.2024, during which, large number of devotees will gather for darshan of Lord Murugan and on account of the encroachments, which have not been removed by the authority concerned, the devotees will certainly get prejudiced.

  1. We hope that the respondents will remove the encroachments

in the Giriveethi as stated above and ensure free movement of devotees in the Giriveethi.

  1. However, considering the seriousness of the issue involved in

this matter, we are inclined to constitute a Monitoring Committee headed by a Retired Judge of this Court for effective implementation of the directions issued by this Court, as extracted above, for removal of encroachments in the

Giriveethi.

  1. Accordingly, we constitute a Monitoring Committee and

appoint 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.

  • The Monitoring Committee shall 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.

  • The officials concerned shall cooperate with the Monitoring

Committee for conducting inspection and filing interim report.

  • The expenses incurred by the Monitoring Committee shall be

met out by the Joint Commissioner, H.R. & C.E.Department, and the

Commissioner, Palani Municipality.

  • The remuneration of the Monitoring Committee will be fixed

on the next hearing date.

  • It is needless to state that the Advocate Commissioner shall

also submit a report to the Monitoring Committee.

  • Post the matter on 09.01.2024.

                                                                                  [D.K.K., J.]             [R.V., J.]

                                                                                      03.01.2024

Index        : Yes / No

Internet : Yes / No

Note to office: Issue order copy today.

krk

 D.KRISHNAKUMAR   , J. and R.VIJAYAKUMAR, J. krk

Cont.P.(MD) No.1671 of 2018 and

W.P.(MD) No.2491 of 2019

03.01.2024

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