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Palani murugan temple W.P.(MD) No.2491 of 2019Cont.P.(MD) No.1671 of 2018 andW.P.(MD) No.2491 of 2019D.KRISHNAKUMAR, J. andP.DHANABAL , J.O R D E R[Order of the Court was made by D.KRISHNAKUMAR, J.]The Chairman, Monitoring Committee, has filed a report, dated 04.03.2024, indicating the details of encroachments made in Girivala Veethi, details of land in Girivala Veethi utilized by the Temple Authority for the benefit of the devotees, details of encroachments made by the private persons in other poramboke lands adjoining to Girivala Veethi, details of land in other poramboke lands adjoining to Girivala Veethi utilized by the Temple Authority for the benefit of the devotees.

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W.P.(MD) No.2491 of 2019
Cont.P.(MD) No.1671 of 2018 and
W.P.(MD) No.2491 of 2019
D.KRISHNAKUMAR, J. and
P.DHANABAL , J.
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.]
The Chairman, Monitoring Committee, has filed a report, dated 04.03.2024, indicating the details of encroachments made in Girivala Veethi, details of land in Girivala Veethi utilized by the Temple Authority for the benefit of the devotees, details of encroachments made by the private persons in other poramboke lands adjoining to Girivala Veethi, details of land in other poramboke lands adjoining to Girivala Veethi utilized by the Temple Authority for the benefit of the devotees.

  1. The Joint Commissioner / Executive Officer, Arulmigu
    Dhandayuthapani Swami Temple, Palani and the Commissioner, Palani
    Municipality, have filed reports dated Nil.03.2024 and 04.03.2024 respectively
    W.P.(MD) No.2491 of 2019
    indicating the steps taken by them pursuant to the slew of directions issued by this Court on several occasions.
  2. The Joint Commissioner / Executive Officer, Arulmigu Dhandayuthapani Swami Temple, Palani, in his report, has stated that pattas have been issued in favour of three private persons in respect of the lands in
    T.S.Nos.861/3 and 861/4, which are surrounded by the Girivala Veethi in T.S.No.861/2, which is maintained by the Temple administration. A proposal dated 01.03.2024 has been sent to the District Collector, Dindigul, to cancel the pattas granted in favour of the private persons and to handover the said lands to the temple administration.
  3. Challenging the eviction process initiated by the Temple Administration pursuant to the directions issued by this Court, the aggrieved persons / encroachers filed special leave petitions before the Honourable Supreme Court in S.L.P.(C) Nos.11225-11256 of 2021 and 8251 & 8252 of 2022. The Apex Court, by order dated 23.02.2024, confirmed the order of eviction passed by the authority concerned. Further, out of 70 lessees, in respect of 19 lessees, since they had not cleared the arrears of rent /
    W.P.(MD) No.2491 of 2019
    occupation charges despite grant of several opportunities, the landlord / Temple Administration was directed to initiate appropriate proceedings for taking over of possession of the property in accordance with law. In respect of the remaining 51 lessees, the special leave petitions were disposed of based on the terms and conditions mutually agreed between the parties and they have been given time till 31.07.2024 for handing over vacant possession of their respective demised premises to the landlord / Temple Administration.
  4. Pursuant to the above order of the Apex Court, the Temple Administration has evicted lessees of those 19 shops, sealed the shops and took possession of the same on 29.02.2024 and in sofar as the 51 shops are concerned, the lessees will be evicted after the crucial date i.e. 31.07.2024. Except these cases, we are concerned with the other shops, which are under the following categories:
    (i) Shops in the patta lands.
    (ii) Shops in the Devasthanam, Temple Poramboke land and Girivala Veethi or facing Girivala Veethi.
    W.P.(MD) No.2491 of 2019
  5. In compliance to the earlier orders passed by this Court, the
    report has been submitted by the Devasthanam before this Court. Based on the said report, learned counsel for the Devasthanam submits that except the Kodaikanal Road junction, in all other junction areas i.e. Ayyampulli Road,
    Pathavinayagar Sannathi Road, Itteri Road, Balaji Bawan Roundana, Idumban Temple Road, Tourist Busstand Entry Road, Kosala Busstand Road and Kuravanparanai Road, bollards have been installed and he undertakes that a check post will be installed in Kodaikanal Road Junction at the earliest and only the vehicles of officials, residents of the locality and Mutts alone will be permitted into the Girivala Veethi.
  6. To be noted, in G.O.Ms.No.3324, Local Administration
    Department, dated 31.08.1974, it has been clearly stated that the Devasthanam should not levy licence fee from the shop keeper encroachers or use the land for any remunerative purpose. Further, the Division Bench of this Court, by order dated 10.02.2014, passed in W.P.(MD) No.17889 of 2013 etc. batch, has categorically observed that no commercial activities of any kind should be permitted either by the Devasthanam or by the Municipality.
    W.P.(MD) No.2491 of 2019
  7. It is stated that till date 75 survey stones have been fixed
    around the Girivala Veethi and the remaining survey stones will be fixed, after resolving the objections raised by the patta holders.
  8. Mr.B.Saravanan, learned Senior Counsel appearing for the
    shop owners, submits that the shop owners have constructed shops in their respective patta lands. The shop owners are not objecting for putting up temporary or permanent fencing on the boundary of the Girivala Veethi. However, according to the shop owners, there is a land available belonging to the Revenue Department between their patta lands and the boundary stones fixed by the H.R. & C.E.Department earmarking the Girivala Veethi. Therefore, they may be permitted to use the said land for their ingress and egress to their respective patta lands.
  9. In this regard, it is submitted by the learned Government Pleader appearing for the Department that a meeting is scheduled to be conducted on 06.03.2024 at 12.00 Noon in the office of the Revenue Divisional Officer. Therefore, the shop owners shall participate in the said meeting and
    W.P.(MD) No.2491 of 2019
    ventilate the said grievance before the Revenue Divisional Officer in the said meeting.
  10. Learned Senior Counsel appearing for the shop owners
    submitted that he has given necessary instructions to his clients to appear before the Revenue Divisional Officer.
  11. Mr.R.Murali, learned counsel appearing for the Devasthanam,
    submits that in the light of the earlier order passed by the Division Bench of this Court dated 10.02.2014, in W.P.(MD) No.17889 of 2013 etc. batch and in the light of G.O.Ms.No.3324, Local Administration Department, dated 31.08.1974, no commercial activities are permitted in the Girivala Veethi. In obedience to the said orders, a survey has been conducted and the boundaries of the Girivala Veethi has been identified. Learned counsel for the Devathanam undertakes that necessary barricades will be installed on the boundary of the Girivala Veethi in order to protect encroachments in future on or before 08.03.2024 and the said process will be commenced today itself.
    W.P.(MD) No.2491 of 2019
  12. In the Girivala Veethi, if any shop owners are running the
    shops illegally without paying any rent to the Devasthanam or to the Revenue Authority, the Devasthanam, Tahsildar, Revenue Officials and the Police Officials are directed to take necessary action for stopping the commercial activities in the Girivala Veethi in compliance of the earlier order passed by the Division Bench of this Court dated 10.02.2014, in W.P.(MD) No.17889 of 2013 etc. batch and in the light of G.O.Ms.No.3324, Local Administration Department, dated 31.08.1974, by issuing necessary intimation to the shop owners concerned for stopping of commercial activities. Beyond the prescribed period, if there is any violation, the authority concerned shall seal the premises for illegally running commercial shops in Girivala Veethi.
  13. It is made clear that this order directing the stopping of
    commercial activities in Girivala Veethi is not applicable to the cases, where the Honourable Supreme Court has granted time till 31.07.2024.
    W.P.(MD) No.2491 of 2019
  14. It is made clear that no shop owners or other persons shall
    indulge in any unlawful activities while the Devasthanam installing barricades in the boundary line of the Girivala Veethi or any action being taken out to carry the work in compliance with the orders of this Court. If any such incident is taken on place, the Superintendent of Police shall nominate Additional Superintendent of Police to monitor the same and ensure that necessary police protection is provided for carrying out the works in compliance with the orders of this Court. If there is any lapse on the part of the Police, the Superintendent of Police is to appear before this Court and submit his explanation.
  15. It is also brought to the notice of this Court by the learned
    counsel for the Devasthanam that the eviction petitions filed by the Devasthanam against Sithanathan & Sons Shop in M.P.No.1 of 2021 and against a Hotel in M.P.No.15 of 2021, under Section 78 of the H.R. & C.E.Act are still pending before the Joint Commissioner, H.R. & C.E. Department, Dindigul. Therefore, necessary directions may be issued to the Joint Commissioner, H.R. & C.E. Department, Dindigul, for early disposal of the said proceedings.
    W.P.(MD) No.2491 of 2019
  16. In this regard, the Joint Commissioner, H.R. & C.E., Dindigul,
    shall serve notice to the parties concerned indicating the date for final disposal of the petitions and dispose of the same on merits and in accordance with law as expeditiously as possible without any further delay. It is made clear that this direction will not stand in the way of the Devasthanam for initiating action in compliance with the earlier order passed by the Division Bench of this Court in W.P(MD) Nos.17241 of 2019 etc. batch, dated 22.03.2021 and order of the Honourable Supreme Court in S.L.P.(C) Nos.11225-11256 of 2021 and 8251 & 8252 of 2022, dated 16.08.2017, for stopping of commercial
    activities in Girivala Veethi.
  17. It is further stated that the Temple Administration has sent a
    proposal for acquiring the agricultural lands measuring about 58 Acres adjoining the hill temple (near East Girivala Veethi) for providing car parking facilities to the devotees. The Secretary, vide G.O.Ms.No.321, dated 26.12.2022, has accorded administration sanction for Rs.58,54,63,724/- for the said project. The District Collector, Dindigul, has also been appointed as
    Land Acquisition Officer. The District Revenue Officer, Dindigul, has initiated

W.P.(MD) No.2491 of 2019
land acquisition proceedings and the Commissioner, H.R. & C.E.Department has sent a communication to the Secretary, T.C. & R.E.Department, seeking necessary funds for the said project.

  1. It is stated that the Temple Administration has sent a
    proposal to the Commissioner, H.R. & C.E., seeking permission to run Mini Bus (42 seats capacity) at Rs.10/- per devotee. The Temple Administration is already having two Battery Cars with 11 seater capacity and one Battery Car with 9 seater capacity. In addition to that, procurement of three more Battery Cars with 11 seater capacity is under process. The Temple Administration is also taking steps for procuring two more Mini Buses with 34 seater capacity each and E-Tender for the same is scheduled to be held on 22.03.2024 and after completion of the said process, Mini Buses will be purchased and operated for the devotees. At present, it is decided to operate one Mini Bus and three Battery Cars with effect from 08.03.2024. The Temple
    Administration will operate sufficient vehicles for the devotees depending upon the requirement. Mr.B.Saravanan, learned Senior Counsel, made a request that the Buses may be operated for the devotees at free of costs. The request
    made by the learned counsel shall be considered by the Temple
    W.P.(MD) No.2491 of 2019
    Administration. However, the Temple Administration shall operate the available Buses immediately at free of cost, as mentioned above, after complying with the necessary procedures. The Devasthanam shall take earnest steps and provide car parking facilities to the devotees, as suggested by the Devasthanam on the eastern side and western side of the Girivala Veethi.
  2. Further, it is stated that the Tahsildar, Palani, has issued 26
    eviction notices to the encroachers in Ward No.3, Block No.19, T.S.No.861/2 (near Winch Station). The Survey Department has identified 134 encroachments in Ward No.3, Block No.20, T.S.No.864 (near Anna Chetti Madam). Out of 134 encroachments, only 81 encroachers are using the structures for residential purpose and the remaining 53 encroachers are using the structures for commercial purpose and they will be evicted immediately. Further, out of 83 encroachers, who are using the structure for residential purpose, the genuine homeless encroachers will be identified by the Revenue Department and the others will be evicted immediately. If any genuine homeless encroachers make any request for alternative accommodation in any other Government lands, the revenue officials shall consider the same and
    W.P.(MD) No.2491 of 2019
    take necessary action in this regard in accordance with law. After completion of removal of the said encroachments, a third step pathway and Annadhanam Mandapam will be provided for the benefits of the devotees.
  3. Further, it is stated that the Temple Administration has a
    proposal to create a separate concrete pathway (nearly 10 feet) for the Temple Vehicles / Government Vehicles / Emergency Vehicles in the outer edge of the Girivala Veethi. A separate pathway will be provided to the devotees in the Girivala Veethi. In the outer edge of the Girivala Veethi, a kerb wall with one feet concrete wall and three feet iron grill will be fixed to prevent the encroachments from the adjoining lands.
  4. Learned Senior Counsel appearing for the shop owners made
    a serious allegation that when the shop owners have come forward not to carry on commercial activities in the Girivala Veethi pursuant to the directions issued by this Court, the Devasthanam is selling Panchamirtham in their building, which is absolutely commercial in nature and amounts to discrimination. When the individuals come forward not to carry on commercial activities in Girivala Veethi in obedience to the directions issued
    W.P.(MD) No.2491 of 2019
    by this Court, the Devasthanam should also follow the directions issued by this Court.
  5. Learned counsel appearing for the Devasthanam objected to
    the said submission by stating that the Devasthanam is not selling Panchamirtham commercially and in fact, the Devasthanam is offering the same in low price to the devotees. Even though the Devasthanam is not going to dispute that they have constructed a building in Girivala Veethi and offering Panchamirtham to the devotees, when it is pointed out that such stalls cause hindrance to the devotees in the Girivala Veethi, the Devasthanam agrees to shift the Panchamirtham Stall situate near Patha Vinayagar Temple to some other place on or before 08.03.2024 and shift the other Panchamirtham Stalls situate in Girivala Veethi to some other place on or before 31.03.2024.
  6. However, we are inclined to grant time till 08.03.2024 to the Devasthanam for shifting the Panchamirtham Stalls situate in Girivala Veethi to some other place.
    W.P.(MD) No.2491 of 2019
  7. Learned counsel for the Devasthanam submitted that the Devasthanam has already made a request to the Government, through the District Collector, seeking permission to continue the three toilets, which have been constructed in the Girivala Veetha. However, the same is still pending consideration.
  8. In this regard, the Government shall consider the request
    made by the Devasthanam and take a decision within a period of eight weeks from the date of receipt of a copy of this order. However, if no permission is granted, then the Devasthanam shall remove those toilets forthwith.
  9. The Commissioner, Palani Municipality, in his report, has
    stated that pursuant to the directions issued by the Monitoring Committee, all the temporary encroachments in the road belonging to the Municipality leading to Temple Adivaram, Sannathi Road, Aiyampuli Road, Arul Jyothi Veethi, Adivaram Retteri Road, Kuravanparai and Thiruvavinankudi Road, have been removed. The street / platform vendors have been prevented from occupying the street / platform on regular basis. Further, as per the directions of the Monitoring Committee, the Municipality / Devasthanam is
    W.P.(MD) No.2491 of 2019
    taking necessary steps to erect bollards and barricades to prevent entry of pushcarts into Sannathi Street and the road adjoining to Thiruavanangudi Temple.
  10. The report, dated 04.03.2024, filed by the Chairman of
    Monitoring Committee, the report, dated Nil.03.2024, filed by the Joint
    Commissioner / Executive Officer, Arulmigu Dhandayuthapani Swami Temple, Palani and the report, dated 04.03.2024, filed by the Commissioner, Palani Municipality, shall form part of the records.
  11. For easy reference, the above directions are summarized as
    below:
    (i) The Devasthanam shall file a report before this Court on 08.03.2023 regarding installation of Check Post in Kodaikanal Road Junction and Bollards in three places as mentioned in the report.
    (ii) The Revenue Divisional Officer shall file a report before this Court on 08.03.2023 with regard to the request made by the shop owners to use the land between
    W.P.(MD) No.2491 of 2019
    their patta lands and the Girivala Veethi for their ingress and egress to their patta lands.
    (iii) The Devasthanam, Tahsildar, Revenue Officials and the Police Officials shall file an action taken report for stopping the commercial activities in the Girivala Veethi in compliance of the earlier order passed by the Division Bench of this Court dated 10.02.2014, in W.P.(MD) No.17889 of 2013 etc. batch and in the light of G.O.Ms.No.3324, Local Administration Department, dated 31.08.1974.
    (iv) The Superintendent of Police shall file a report before this Court on the next hearing date with regard to deployment of Additional Superintendent of Police and other police personnel for the Devasthanam for carrying out the installation work of barricades and other works without any interference or disturbance by anyone.
    (v) The Devasthanam shall file an action taken report for removal of encroachments in Girivala Veethi in
    W.P.(MD) No.2491 of 2019
    compliance of the earlier order passed by the Division Bench of this Court in W.P(MD) Nos.17241 of 2019 etc. batch, dated 22.03.2021 and order of the Honourable Supreme Court in S.L.P.(C) Nos. 11225-11256 of 2021 and 8251 & 8252 of 2022, dated 16.08.2017.
    (vi) The Temple Authority shall file a report before this Court on 08.03.2024 regarding operation of Buses at free of costs to the devotees till the next report is filed.
    (vii) The Devasthanam shall file a report on 08.03.2024 about shifting of Panchamirtham Stalls to some other place.
    (viii) The Joint Commissioner, H.R. & C.E., Dindigul, shall file a status report before this Court on or before
    22.03.2024 in respect of the stage of the above
    M.P.Nos.1 of 2021 and 15 of 2021
    W.P.(MD) No.2491 of 2019
  12. Post the matter on 08.03.2024 at 02.15 p.m., for filing reports
    by the parties concerned as directed above.
    [D.K.K., J.] [P.D.B., J.] 04.03.2024
    Index : Yes / No
    Internet : Yes / No
    Note to Office:
    (a) Mark a copy to
    (i) The Government (Vide Para 31)
    (ii) The Joint Commissioner, H.R. & C.E., Dindigul.
    (iii) The Superintendent of Police, Dindigul District. (b) Issue order copy on 05.03.2024.
    krk
    W.P.(MD) No.2491 of 2019
    D.KRISHNAKUMAR , J. and
    P.DHANABAL , J.
    krk
    Cont.P.(MD) No.1671 of 2018 and
    W.P.(MD) No.2491 of 2019
    04.03.2024

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