Palani temple order /D.KRISHNAKUMAR, J.,andR.VIJAYAKUMAR, J.

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 pursuant to the earlier directions issued by this Court dated 28.03.2024, the Tahsildar, Palani has filed a report dated 01.04.2024, informing that the encroachers numbering 120 in S.Nos.864/1 to 864/8 have tendered their letter of willingness to vacate from the encroached lands.  

2. Mr.R.Bharanitharan, learned counsel appearing for the Thandayudapani Temple Devasthanam Board, Palani has fairly stated before this Court that in pursuant to the directions passed by this Court, the Commissioner of HR& CE Department has passed an order dated 01.04.2024 by accepting the report of the Joint Commissioner of Dhandayuthapani Swamy Temple, Palani for providing alternative accommodation to the encroachers with specific conditions to be complied for such allotment of lands.  The learned counsel for the Devasthanam Board further submitted that according to the temple, total number of encroachers in the property in question in S.Nos.864/1 to 864/8 are 120, out of which 85 encroachers are eligible for getting altnernative accommodation and there is dispute regarding providing alternative accommodation to the remaining 35 encroachers.  The learned counsel for the Devasthanam Board has requested that an opportunity may be given to the temple authorities to take final decision for providing alternative accommodation in respect of 35 encroachers are concerned. We accept the said request made by the Palani Devasthanam Board.  

3. Therefore, we directs as follows:
(i) The Tahsildar, Palani shall forward the list of 85 encroachers to the Commissioner, HR&CE Department without any further delay.

(ii) The Tahsilar, Palani shall provide opportunity to the encroachers numbering 35 as well as to the temple authorities by issuing notice and take final decision as to whether these 35 encroachers are eligible to get alternative accommodation and pass appropriate orders. The said exercise shall be completed within a period of two weeks from the date of receipt of a copy of this order.


(iii) After conducting enquiry by providing opportunity to the 35 encroachers and the temple authorities, the names of those who are eligible for alternative accommodate shall be forwarded by the Tahsildar, Palani to the Commissioner of HR&CE Department, within a period of two weeks thereafter.  

(iv) It is needless to say that the Devasthanam Board, Palani shall also forward the details of the aforesaid 35 encroachers and also those who are eligible for alternative accommodation to the Commissioner of HR&CE Department.  The said report shall be submitted within a period of 3 days from the date of receipt of a copy of this order. 

(v) The Tahsildar, Palani shall take necessary action for survey and demaracation of the property for providing alternative accommodation to the encroachers. The instructions of the Commissioner of the HR&CE Department to be complied by the Tahsildar, Palani and a report shall be submitted to the Joint Commissioner of HR&CE Department for fixing the fair rent for the allottees/encroachers under Section 34 of the HR&CE Act.


4. Mr.S.P.Maharaja, learned Special Government Pleader appearing for the Revenue Department submitted that already the lands in S.No.1048 has been inspected and demarcated for providing alternative accomodation to the encroachers and a report has also been forwarded to the Commissioner, HR&CE Department along with eligible encroachers list. 

5. The Commissioner of HR&CE Department, Chennai-34 has issued an office memorandum dated 16.04.2024 in Na.Ka.No.408943/2024/M1, granting permission to the Joint Commissioner / Executive Officer, Arulmigu Thandayuthaswamy Temple, Palani for providing alternative accommodation to the encroachers, on ground rent basis, by fixing the rent by the Committee under the provisions of the HR&CE Act.  The said order of the Commissioner, HR&CE Department dated 16.04.2024 is placed on record.   

6. As regards encrochers numbering 26 in S.No.861/2, encroachers numbering 9 in S.No.856/1, are concerned, the learned counsel for the Devasthanam Board has fairly agreed that they will be provided alternative accommodation in S.No.1048 subject to the conditions imposed as per the order passed by the Commissioner of HR&CE Department dated 16.04.2024. 

7. The encroachers numbering 2 in S.No.859 have specifically given their willingness to vacate from the encroached portion.  The learned counsel for the Devasthanam Board has fairly agreed that they will be provided alternative accommodation, subject to the conditions imposed as per the order passed by the Commissioner of HR&CE Department dated 16.04.2024.

8.  We make it clear that the Tahsildar, Palani has to comply with the conditions stipulated by the Commissioner of HR&CE Department dated 16.04.2024 and a report shall be filed to the Commmissioner, HR & CE Department and to the Joint Commissioner, Dhandayuthaswamy Temple Palani,  within a period of one week from the date of receipt of a copy of this order.  In the meantime, fair rent has to be fixed by the Joint Commissioner, Dhandayuthaswamy Temple Palani without any delay.  At the time of allotment of lands, the encroachers shall give their consent and willingness to pay the fair rent fixed by the Joint Commissioner, HR&CE Department under Section 34 of the HR& CE Act and an undertaking to that effect shall also be received from the allottees.  The Tahsildar, Palani and the Joint Commissioner, HR&CE Department has to specifically put a condition in the said allotment order that they shall put up construction in the said land within a preiod of eight weeks from the date of receipt of a copy of the allotment order.  We also make it clear that no further adjournments will be granted and only under extraordinary circumstances, further time will be granted.  If the Devasthanam Board finds that if they are not eligible for alternative accommodation, action shall be taken immediately for removal of encroachments based on the eviction notice already issued by the Tahsildar. 

9. Mr.Niranjan Rajagopal, learned counsel appearing for the Election Commission submitted that action has been taken on the proposal submitted by the Additional Chief Secretary, HR& CE Department, seeking permission from the Tamil Nadu Electoral Officer for completing the tender process initiated by the temple.  It is submitted that the Chief Electoral Officer, Tamil Nadu has forwarded the proposal to the Election Commission of India on 19.04.2024 and already permission was accorded and assured that the said permission will be granted by the Principal Secretary, Election Commission of India on or before 29.04.2024 and communicated to the Joint Commissioner, HR&CE Department. 

10.  We make it clear that on receipt of the permission from the Principal Secretary, Election Commission of India and communicated to the Joint Commissioner, HR&CE Department, tenders shall be opened and work order shall be issued to the contractor for execution of the work as per the tender notification.  The said exercise shall be completed at the earliest, preferably within a period of four weeks from the date of receipt of the communication. 

11. The learned counsel for the Devasthanam Board has placed on record that 2 Ambulance facilities, 1 Diesel Bus, 1 Mini Electric Bus, 11 Battery cars   have been provided to the devotees in the entire Giriveethi pathai and the same is recorded.   It is also submitted that 1 Diesel Bus (32 seating capacity), 3 Mini Electric Bus will be provided to the devotees during 2nd week of May, 2024. 

12.  As regards W.P(MD)No.2491 of 2019 is concerned, it is made clear that if any encroachment is found, the same shall be removed and the Tahsildar, Palani shall file a report before this Court on the next hearing date.  The Devasthanam Board is also directed to file a report on the suggestions made by the Monitoring Committee on the next hearing date. 

13. This Court also had an occasion to pass an order dated 21.03.2024 in W.P.(MD)No.13244 of 2020, wherein this Court has directed the Tahsildar to give opportunity to the encroachers and after considering the objections made by the encroachers, the Tahsildar, Palani was directed to take final decision for providing alternative accommodation, within a period of two weeks from the date of receipt of the objection.   The learned Government Pleader appearing for the Tahsildar, Palani would submit that if any objection is made within time, the Tahsildar Palani will pass appropriate orders within a period of two weeks and even if there is no objection for Section 7 notice, the order of this Court will be complied with and communicated to the petitioner in W.P.(MD)No.13244 of 2020 and a compliance report will be filed before this Court. 

14. Mr.G.Sethu Surender, learned counsel made a oral submission that they had submitted two proposals to the Joint Commissioner, HR&CE Department and Devasthanam Board for ingress and egress for the hotel running in the Giriveethi Pathai, namely "Divine Fort", for which sofar the Devasthanam Board has not taken any decision and therefore, prays for appropriate orders.

15. The learned counsel for the Devasthanam Board submitted that the aforesaid proposals made by the "Divine Fort" hotel will be considered and the decision taken will be communicated to the management of the hotel at an earliest and a report will be filed on the next hearing date. 

16. It is also agreed by the Devasthanam Board that as per the earlier directions passed by this Court, permission has been granted by the District Collector to instal sign boards and the installation of sign boards will be made either by Police or Municipality concerned, but the Devasthanam Board has agreed to meet out the expenses for installation of sign boards with the assistance of police.  The said exercise shall be completed within a period of one week from the date of receipt of a copy of this order. 

17. Mr.L.P.Maurya, learend counsel for the Municipality has produced before this Court the report containing the details of commercial shops run in and around Girivala Pathai without getting permission from the Municipality.   The said report shall be submitted to the Monitoring Committee by the Municipality.

18. List the matter on 07.06.2024.  All the respondents shall file their compliance reports on that day. 

[D.K.K., J.] [R.V, J.]
25.04.2024
Jvm

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

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

25.04.2024