Palani temple order / D.KRISHNAKUMAR, J.,and. R.VIJAYAKUMAR, J. அதிரடி உத்தரவு

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)
In compliance of the earlier order passed by this Court dated 27.06.2024, the fourth respondent, namely the District Collector, Dindigul is present before this Court at Madurai Bench and she has filed a compliance report dated 01.07.2024 before this Court, wherein it has been stated as under:
“3… A per the Direction of this Hon’ble Division Bench, the following encroachments were removed on 01.07.2024 with the help of police and other Government Department officials.
Sl.No. Survey No. Number of Encroachment Remarks
1 Ward No.3, Block No.20, T.S.No.864/1 to 864/8, Annachettimadam
120 Removed
2 Ward No.3, Block No.19, T.S.No.861/2, Winch Station
26 Removed
3 Ward No.3, Block No.18, T.S.No.856/1, PWD Land (Vaiyapuri Canal)
11 Removed
4 Ward No.3, Block No.18, T.S.No.859, Highways Department 2 Removed
Total 159

4. It is further respectfully submitted that out of 159 encroachers only 139 encroachers are eligible to get free house site patta and they were issued with free house site patta in order to accommodate them in the alternative land.  Therefore, the order of this Hon'ble Court has been duly complied with and this Hon'ble Division Bench may record the same.
5. It is respectfully submitted that in respect of survey of Pulipani Ashram a survey date was fixed on 20.06.2024 to survey the land, however, the management of the Ashram objected on the ground that they need minimum 15 days prior notice, so as to enable them to inform their advocate for, his presence at the time of sureying the land.  Accordingly, the Revenue Department has issued notice for survey to be conducted on 16.07.2024 and such exercise and the survey will be completed on the date fixed. 
6. It is further respectfully submitted that with regard to Para No.9, the kerosene benk run by the Palani Co-operative Society is under the control of the Co-operative department and the society may be added as a party in the contempt application along with Joint Registrar of Cooperative Societies, Dindigul and Deputy Registrar of Cooperative Societies, Palani.
7. It is further respectfully submitted that in respect of Para No.11, as stated in the tabular column No.3 new encroachment identified in the Vaiyapuri Canal have to be removed after issuance of necessary notice to the encroachers.  Therefore, it is prayed that this Hon'ble Division Bench may be pleased to extend the time to remove the new encroachments in question in order to ensure that the due procedures are adhered in eviction of the encroachments in question."

2. The tenth respondent, namely the Tahsildar Palani has also filed a Compliance Report dated 01.07.2024, reiterating the very same stand taken by the  District Collector,  Dindigul.  

3. It is pertinent that the earlier Division Bench of this Court has passed orders dated 26.03.2018 in W.P.(MD)No.23598 of 2017 as under:
"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 p.m.  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."

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. . 
Post the matter on 16.07.2024 at 4.00 p.m for filing of report by the Distict Collector, Dindigul. 

[D.K.K., J.] [R.V, J.]
02.07.2024
Jvm

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

Cont.P(MD)No.1671 of 2018
and W.P(MD) No.2491 of 2019

02.07.2024