A. RADHAKRISHNAN Vs. COMMISSIONER OF LAND ADMINISTRATION, CHENNAI

JUDGEMENT

(1.) The relief sought for in the present writ petition is for a direction to direct the 4th respondent / District Collector, Coimbatore to secure and safeguard the temple properties situated in Jamin Puravaipalayam, Pollachi Taluk, Coimbatore District, assigned in favour of Palani Thandayuthapani Swamy Thirukoil by way of Registered Will Document.No.17/1931, by considering petitioner's representation dtd. 16/8/2016 as well as following the emergent note of the 4th respondent dtd. 24/8/2016 in Na.Ka.No.15864/16Aa2.

(2.) The petitioner appearing in person through Video-Conferencing, articulated his case by stating that vast extent of land, which was executed through Will by one Late Rangasamy Koben Mandradiyar for the purpose of performing certain Poojas in Arulmigu Thandayuthapani Thirukoil at Palani and the same is under encroachment by many persons and the authorities are not initiating any steps to recover the said Temple lands for the benefit of the Temple and the worshippers. The petitioner in person contends that the District Collector, Coimbatore convened a meeting and has given an assurance that all steps will be take to retrieve the lands, which all are under encroachment or otherwise and the said lands will be utilized for the benefit of the Temple. Yet another meeting is to be conducted to finalize the process and to identify the property with reference to Survey Numbers and Revenue Records.

(3.) The learned Additional Government Pleader (HR and CE) appearing on behalf of the Temple / 9th respondent made a submission that 220 acres were gifted through Will in favour of Palani Thandayuthapani Swamy Thirukoil in the year 1931. As per the conditions in the Will, 140 acres were sold to clear the debts of the Executor of the Will. Out of the remaining 80 acres of land, certain portions were taken away under the provisions of the Land Ceiling Act and finally, 20 acres were allotted in favour of the Temple. Out of 20 acres, 16.75 acres are now with the possession of the Temple and is leased out for the benefit of the Temple and the lease rents are also recovered by the Temple authorities punctually. Remaining 3.75 acres are unable to be identified and steps are taken to identify those lands, so as to take possession by following the procedures.