SEKAR REPORTER

Court News from Madras High Court

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN WP.No.32154/2017 & WMP.Nos.35319 & 35320/2017 A.Radhakrishnan                                     … Petitioner

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.08.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN

WP.No.32154/2017 & WMP.Nos.35319 & 35320/2017

A.Radhakrishnan                                     … Petitioner

Vs

  • The Chief Secretary to Government  Secretariat  Chennai-09.
  • The Additional Chief

Secretary cum Commissioner of Land      Administration  Chepauk  Chennai-05.

  • The Director General of Police Radhakrishnan Road  Chennai-04.
  • The Commissioner

Hindu Religious & Charitable Endowments      Department  119  Nungambakkam High Road       Chennai-34.

  • The Commissioner

Agricultural Marketing and Agri Businesses       Thiru.Ve.Ka Industrial Estate  2nd main Road      Chennai-32.

  • The District Collector Salem-636 001.
  • The Sub Divisional

Executive Magistrate cum Revenue Divisional      Officer  Sankari  Salem District.

  • The Superintendent of Police Salem- 636 002.
  • The Deputy Superintendent of

Police  Anti Land Grabbing Special cell       District Police Office Compound  Nethimedu       Salem- 636 002.

  • The Deputy Superintendent of Police  Sankari  Salem District.
  • The Joint Commissioner

Hindu Religious & Charitable Endowment       Salem District- 636 001.

  • The Executive Officer

Arulmigu Prasanna Nanjundeswarar Temple

Edappadi Town  Edappadi Taluk  Salem District

  • The Secretary

Salem Agricultural Marketing Committee

Soolaimedu  Uthamacholapuram  Salem- 636 010.    … Respondents

Prayer: Writ Petition filed Article 226 of the Constitution of India praying for issuance of a writ of  mandamus directing the 13th respondent to hand over the land belonging to 12th respondent in S.F. No.508/2 to an extent of 18904 sq.ft. forthwith situated at Edappadi  Salem District and consequentially issue direction to the 1st respondent to take appropriate action who trespass and occupy the property illegally right from 28.1.2011 to as of now without following due process of law.

For Petitioner           :  Mr.R.Marudhachalamurthy

For RR 1-3, 5-10      :  Mrs.V.Yamunadevi

Special Govt. Pleader

For RR4, 11 & 12     :  Mr.S.Yashwanth

AGP [HR&CE]

For R13                    :  Mr.V.Jayaprakash Narayanan

ORDER

  • Pursuant to the order dated 01.08.2022, the Agricultural Market

Committee, the 13th respondent herein, has paid a sum of

Rs.93,09,870/- which is the value of the land that is in occupation of the Agricultural Market Committee for running the Uzhavar Sandhai.

  • Though it was claimed by the temple that the Agricultural Market

Committee is in possession of 18,904 sq.ft., upon inspection and

survey, it was found that they are only in possession of 17,835 sq.ft., the market value of which as fixed, has been paid.  Therefore, the fact that the Agricultural Market Committee has paid the market value of the land that is in its possession, is placed on record.

  • However, since the Agricultural Market Committee had occupied the land in the year 2010 without paying the land value, the Sale Deed has not been executed.  A Division Bench of this Court by its common order dated 07.06.2021 in Suo Motu WP.No.574/2015 and WP [MD] NO.24178/2018, has banned the sale of land belonging to temples.  Therefore, as of today, the temple cannot alienate the land in favour of the Agricultural Market Committee.
  • Yashwanth, learned Additional Government Pleader appearing for the Commissioner, HR&CE, would submit that they have sought for review of the above order dated 07.06.2021 to enable them to sell temple lands in appropriate cases. He would also submit that necessary safeguards in that regard to prevent abuse of the power of the sale could be imposed.
  • I do not express any opinion on the said subject since the same is to be decided by the Division Bench in the Review Application. In view of the fact that the Sale Deed could not be executed as of today, the payment of interest on the land value is postponed and it will be decided as and when permission is granted to the temple to execute the Sale Deed under Section 34 of the Hindu Religious and Charitable Endowments Act.
  • In view of the substantial compliance with the claim of the petitioner, the writ petition will stand disposed of with a direction that the payment of interest alone is deferred to be decided as and when the Sale Deed is executed by the temple in favour of the Agricultural Market Committee. No costs.  Consequently, connected

miscellaneous petitions are closed.

26.08.2022

AP

Internet    :  Yes

To

1    The Chief Secretary to                          Government  Secretariat  Chennai-09. 2    The Additional Chief      Secretary cum Commissioner of Land

Administration  Chepauk  Chennai-05. 3    The Director General of Police       Dr.Radhakrishnan Road  Chennai-04.

  • The Commissioner

Hindu Religious & Charitable Endowments      Department  119  Nungambakkam High Road       Chennai-34.

  • The Commissioner

Agricultural Marketing and Agri Businesses       Thiru.Ve.Ka Industrial Estate  2nd main Road      Chennai-32. 6    The District Collector      Salem-636 001.

7   The Sub Divisional

Executive Magistrate cum Revenue Divisional      Officer  Sankari  Salem District. 8   The Superintendent of Police      Salem- 636 002.

9    The Deputy Superintendent of

Police  Anti Land Grabbing Special cell       District Police Office Compound  Nethimedu       Salem- 636 002. 10   The Deputy Superintendent of      Police  Sankari  Salem District.

  • The Joint Commissioner

Hindu Religious & Charitable Endowment       Salem District- 636 001.

  • The Executive Officer

Arulmigu Prasanna Nanjundeswarar Temple       Edappadi Town  Edappadi Taluk  Salem District.

  • The Secretary

Salem Agricultural Marketing Committee

Soolaimedu  Uthamacholapuram  Salem- 636 010.

R.SUBRAMANIAN, J.

AP

WP.No.32154/2017

26.08.2022

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