SEKAR REPORTER

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W.P.(MD) No.2491 of 2019Cont.P.(MD) No.1671 of 2018 andW.P.(MD) No.2491 of 2019D.KRISHNAKUMAR, J.andR.VIJAYAKUMAR , J.O R D E R[Order of the Court was made by D.KRISHNAKUMAR, J.]Pursuant to the directions issued by this Court earlier, the Monitoring Committee, Tahsildar and Joint Commissioner / Executive Officer of Arulmigu Dhandayuthapani Swami Thirukoil, Palani, have filed their respective reports before this Court.

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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
R.VIJAYAKUMAR , J.
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.]
Pursuant to the directions issued by this Court earlier, the Monitoring Committee, Tahsildar and Joint Commissioner / Executive Officer of Arulmigu Dhandayuthapani Swami Thirukoil, Palani, have filed their respective reports before this Court.

  1. Learned Additional Advocate General submits that insofar as
    removal of encroachments in T.S.Nos.86 and 11 (Pulipani Mutt) are concerned, pursuant to the directions issued by this Court, a survey was conducted in the said land and the encroachments have also been removed and now, the said land is free from encroachments.
    W. P.(MD) No.2491 of 2019
  3. Similarly, in T.S.No.864/8 (Palkavadi Mutt), encroachments in
    the nature of commercial shops have been removed and the said land is also now free from encroachments.
  4. In sofar as removal of encroachments in T.S.No.862 (Shanmugavilas Hotel) is concerned, notice has been served to the encroacher, namely P.K.Venkatachalam, owner of Shanmugavilas Hotel, directing him to vacate the premises. Necessary action will be taken by the authority concerned in accordance with law, if the encroacher fails to remove the encroachment by himself within the stipulated period.
  5. Insofar as removal of encroachments in T.S.Nos.864 and 880 (Arya Vysiar Mutt) are concerned, notice has been served to the encroacher directing him to vacate the premises. Necessary action will be taken by the authority concerned in accordance with law, if the encroacher fails to remove the encroachment by himself within the stipulated period.
    W. P.(MD) No.2491 of 2019
  6. The above submission of the learned Additional Advocate
    General is recorded.
  7. Learned Special Government Pleader, on instructions, submits
    that notices have been served to 159 encroachers, who have encroached upon the land in Survey Nos.864/1 to 864/8, to vacate the premises.
  8. Learned counsel appearing for Devasthanam, on instructions,
    fairly submits that the Temple Administration is ready to provide alternative accommodation to those encroachers in the land belongs to Devasthanam to an extent of 2.64 Hectares in T.S.No.1048. It is further submitted that proposal will be sent today to the Commissioner, Hindu Religious and Charitable Endowments Department for getting necessary concurrence / approval for the same and after getting concurrence / approval from the Commissioner, the Temple Administration will provide alternative accommodation to those encroachers on temporary basis, subject to payment of ground rent. To that extent, the Temple Administration / Tahsildar shall also get necessary declaration / undertaking affidavits from the encroachers,
    W. P.(MD) No.2491 of 2019
    who are willing to accept the alternative accommodation on payment of ground rent. The said exercise shall be commenced today itself.
  9. Learned Special Government Pleader, on instructions, submits
    that the three encroachments in the nature of shops in the Girivala Pathai, as alleged by the contempt petitioner, have been removed. The said submission is recorded.
  10. Learned Standing Counsel appearing for Palani Municipality
    undertakes that the land belongs to Municipality to an extent of 42 Cents (30 Cents of land near Balaji Roundana Area and 12 Cents of land near Consolidated Tonsure Mandapam), as earmarked by the Devasthanam, can be permitted for parking of two wheelers pending consideration of the proposal submitted by the Municipality to the Commissioner of Municipal Administration. In this regard, learned Standing Counsel is directed to get necessary instructions and report before this Court on the next hearing date.
    W. P.(MD) No.2491 of 2019
  11. It is brought to the notice of this Court that Devasthanam will
    make necessary arrangements, as suggested by the Monitoring Committee, for entering into a lease deed / agreement or seeking permission for a short term with the private land owners to use their lands for parking of vehicles. The Trustees and the Joint Commissioner shall make necessary arrangements for parking of vehicles during festival seasons and ensure that no hindrance is caused for parking of vehicles of the devotees.
  12. Learned Additional Public Prosecutor, on instructions,
    submits that the Inspector of Police has sent a communication, dated 16.03.2024, to the Commissioner, Palani Municipality, to declare the following places as “No Parking Areas” and to install necessary sign boards:
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    W. P.(MD) No.2491 of 2019
  20. In this regard, learned Standing Counsel appearing for the Municipality submitted that the above request of the Inspector of Police will be attended to and necessary Sign Boards will be fixed in the above areas immediately to ensure no traffic hindrance is in the above places.
  21. Learned counsel appearing for Devasthanam has agreed that
    temporary iron barricades will be installed immediately in the vulnerable areas to prevent further encroachments in Girivala Veethi, without affecting the decision of the Monitoring Committee for providing ingress and egress to the shop owners, who own shops in their patta lands adjacent to Girivala Veethi.
  22. Learned Additional Public Prosecutor, on instructions from
    the Superintendent of Police submits that as directed by this Court earlier, necessary police personnels will be deployed immediately to regulate the traffic congestion and also to maintain law and order in the locality concerned.
    W. P.(MD) No.2491 of 2019
  23. Learned counsel appearing for Devasthanam has agreed that
    within two weeks’ time, as suggested by the Monitoring Committee, adequate lighting facilities will be provided and CCTV Cameras will be installed in the Girivala Veethi in order to ensure that no untoward incident is taken place and to monitor the entire Girivala Veethi.
  24. The Monitoring Committee, in Paragraph No.10 of its report,
    has observed that it is stated that the Government has proposed to acquire an extent of 58 Acrs of land near the Palani Temple for providing additional facilities to pilgrims and this Court may be pleased to issue necessary direction to the authorities concerned to expedite the land acquisition proceedings and acquire the lands.
  25. In this regard, the Additional Advocate General is directed to
    get necessary instructions from the Government to expedite the land acquisition proceedings to acquire the lands to an extent of 58 Acre near the Temple for providing additional facilities to the pilgrims and for administrative sanction.
    W. P.(MD) No.2491 of 2019
  26. Learned Additional Public Prosecutor, on instructions,
    submits that 120 Home Guards are available in the Police Department, Palani, of which, 60% of the Home Guards can be deployed for the services on the request made by the Devasthanam, subject to payment of necessary costs, temporarily till alternative arrangement is made by the Devasthanam.
  27. In this regard, it is open to the Devasthanam to make a
    request forthwith to the Superintendent of Police seeking deployment of Home Guards on payment of necessary costs to protect the Girivala Veethi from further encroachments and also to regulate the crowd. Learned counsel appearing for Devasthanam submitted that the Temple Administration will make a request by tomorrow itself.
  28. Learned counsel appearing for Devasthanam, on instructions,
    submits that donors have come forward to provide two battery cars to the
    Devasthanam and the same will be operated within ten days.
    W. P.(MD) No.2491 of 2019
  29. With regard to tender process for operating buses in Girivala Veethi is concerned, e-tender has been invited and the same will be opened on 22.03.2024 and fifteen days from the completion of tender process, buses will be operated in the Girivala Veethi.
  30. In this regard, it is made clear that since the tender process
    has already been commenced the Code of Conduct announced by the Election Commission of India will not be a bar and if requires, necessary permission may be obtained from the Election Commission of India.
  31. The Joint Commissioner / Executive Officer, in Paragraph No.
    9 of his report, seeks necessary direction to the learned Principal Sub Judge, Palani, to dispose of O.S.Nos.544 of 2016 and 545 of 2016 filed by private persons and O.S.No.358 of 2018 filed by the Devasthanam, expeditiously, since they are pending for more than eight years.
  32. In this regard, learned Principal Sub Judge, Palani, shall give
    priority to the said suits and dispose of the same on or before 31.07.2024, in

W.P.(MD) No.2491 of 2019
the light of the directions / instructions issued by the Registry for disposal of old year cases.

  1. Mr.Madhavan, learned counsel appearing for Pulipani Mutt,
    alleges that still there are encroachments in front of the Mutt, which are yet to be removed.
  2. Learned counsel appearing for Devasthanam submitted that
    originally, Panchamirtham Stall was functioning in the said place. The Devasthanam has closed the said Panchamirtham Stall and will use the same for providing RO Water to the devotees.
  3. Learned counsel appearing for the Devasthanam brought to
    the notice of this Court that one Nagarajan filed a writ petition in W.P.(MD) No.6584 of 2024 challenging the cancellation of lease granted to him to run a shop in Girivala Veethi and the learned Single Judge, by order dated
    18.03.2024, has disposed of the said writ petition.
    W.P.(MD) No.2491 of 2019
  4. In this regard, Registry is directed to list all the writ petitions
    challenging the decision taken by the Municipality or the Revenue Department or the Devasthanam relating to Girivala Veethi, Palani, along with this contempt petition henceforth.
  5. Post the matter on 21.03.2024 at 02.15 p.m.
    [D.K.K., J.] [R.V., J.] 19.03.2024
    (1/2)
    Index : Yes / No
    Internet : Yes / No
    Note to Office:
    1.Issue order copy today.
    2.Mark a copy to
    The Registrar (Judicial),
    Madurai Bench of Madras High Court, Madurai.
    3.Mark a copy of this order to The Principal Sub Judge, Palani.

krk
W.P.(MD) No.2491 of 2019
D.KRISHNAKUMAR , J. and R.VIJAYAKUMAR, J. krk
Cont.P.(MD) No.1671 of 2018 and
W.P.(MD) No.2491 of 2019
19.03.2024
(1/2)

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