W.P.Nos.9181, 8190 and 13325 of 2024R. SURESH KUMAR, J.AND S.SOUNTHAR, J.(Order of the Court was made by R.SURESH KUMAR, J.)

W.P.Nos.9181, 8190 and 13325 of 2024
R. SURESH KUMAR, J.
AND S.SOUNTHAR, J.
(Order of the Court was made by R.SURESH KUMAR, J.)
Heard the learned counsel for the petitioners, Mr.N.R.R.Arun Natarajan,
learned Special Government Pleader for the HR & CE Department, Mr.R.Bharanidharan for the Vallalar Temple, and some other counsels who filed impleading petitions. For continuation of arguments, post on 05.09.2024.

2. In the meanwhile, since it is brought to our notice that, for the benefit of the temple viz., Suththa Sanmarkka Sathya Gnana Sabai Temple and other allied religious worshipping places, during the life time of Saint Vallalar it
   seems that 80 Kaanis of land at the village concerned in various survey
   numbers had been donated by number of village people.
3. The said 80 Kaanis of land is equal to 106 acres of land. However, according to the learned Special Government Pleader for HR & CE Department, when the HR & CE Department taken over the management of the temple in 1938, the lands actually entrusted to the temple authorities is only 79.00 acres.
4. It is also the stand of the HR & CE and the temple authorities that, out of the 79 acres only 71.24 acres alone are available in the hands of the HR&CE (Temple). Another at least 6.5 acres of land also is available, however, the same has been encroached upon by third parties. This can be reconciled based on the 1948 property registration documents pertaining to Suththa Sanmarkka Sathya Gnana Sabai, Vadalur Village, Cuddalore District (erstwhile South Arcot District), as the total extent of land at various survey numbers
   comes to 79 acres.
5. Apart from this 79 acres, remaining land to the extent of 26 or 27 acres are still available. However, those lands whether are in encroachment or any third party patta had been given by the Revenue Department is still to be ascertained. In this context, necessary action has to be taken by the HR & CE Department in coordination with the Revenue Department.
6. If those encroached lands are retrieved, the total extent of the land for the Vallalar Temple would be more than sufficient and in that case, the plea now raised by the HR & CE Department / State Government with regard to the proposed construction of Vallalar International Convention Centre ie., Sarvadesa Vallalar Maiyam in the precints of Vallalar temple at Vadalur can be addressed.
7. In this context, we are inclined to pass the following interim
   directions:
   (a)The fourth respondent / District Collector, Cuddalore District is hereby directed to form a special team consisting of revenue officials including surveyors in order to identify the encroached land which are left out land apart from the 79 acres mentioned herein above belongs to the Vallalar Temple at Vadalur. In this process, the HR & CE Department and the Temple authorities shall
   also be involved.
   (b)The District Collector shall coordinate this identification task and try
   to complete the same as early as possible preferably within a
   period of one month.
   (c) Insofar as the 6.5 acres of land which have already been identified
   and the same has been in encroachment of third parties is
   concerned, it is brought to our notice that action has already been initiated to remove such encroachment to retrieve the land. However, that ended up in a litigation in W.P.No.1800 of 2013 filed by the encroachers, which was allowed by the Writ Court by order dated 13.01.2020, as against which, though belatedly, now steps have been taken by the Temple authorities to file an intra Court appeal. Learned counsel appearing for the Temple has stated that the appeal has already been filed, however it is yet to be numbered. Therefore, the numbering of the said writ appeal would be taken up and reported before this Court during the next
   sitting of this Bench.
   (d)In this context, the Temple authorities is hereby directed to pursue their action to bring the said intra Court appeal and if there is any difficulty in numbering the said writ appeal that also be rectified immediately and once the writ appeal is numbered, the same can be mentioned before this Bench during the next date of hearing for
   taking further appropriate action.
   (e)In the meanwhile, if the writ petitioners or any other third parties, who have interest over the Vallalar Temple at Vadalur can identify the encroachments in respect of the remaining land of 26 acres and if they are able to trace any such particulars such as, the name of the encroacher, survey number, extent of the encroachment,
   that also can be brought to our notice by way of an affidavit.
8. These directions shall be complied with by the respective parties as
   indicated above. Post this matter for further hearing on 05.09.2024.
   (R.S.K.,J.) (S.S.,J.)
   22.08.2024
   KST
   Note : Order copy to be uploaded today 
   R. SURESH KUMAR, J.
   AND S.SOUNTHAR, J.
   KST
   W.P.Nos.9181, 8190 and 13325 of 2024
   22.08.2024