V. THIAGARAJAN Vs. THE STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition has been filed seeking a Writ of Mandamus, to direct the respondents 1 to 4 to ascertain the lands, including the Inam lands belonging to Arulmigu Subramaniya Swamy Thirukoil, Thiruparankundram and retrieve the lands illegally alienated or occupied by third parties.

(2.) THE case of the petitioner, who was the President of Hindu Paktha Jana Sabai, was that the inam lands belonging to Arulmigu Subramaniya Swamy Thirukoil, Thiruparankundram, were illegally grabbed by the political men and that the lands under their control, would come around 100 acres. In order to retrieve the said lands, the petitioner submitted various representations to the Government. According to him, the 7th respondent is an active member of DMK Party and the respondents 8 and 9 are his brothers. The 8th respondent was the President of Thriuparankundram Town Panchayat. The 10th respondent was the Member of Parliament, representing AIADMK Party. The Register maintained by the temple regarding the details of the temple properties, was not available and therefore, the lands including inam lands, of the temple have to be identified so as to protect them from encroachment. The petitioner also made allegations against the 11th respondent, the Executive Officer of the temple, as he had also colluded with the political men in grabbing the lands of the temple. The plea of the petitioner was that the respondents 1 to 4 have to verify the properties of the temple, including inam lands and to retrieve the same, against illegal alienation. Since no action had been taken as against the illegal encroachers of the inam lands of the temple, the petitioner had come before this Court.

(3.) DENYING all the allegations levelled by the petitioner, the second respondent filed the counter affidavit, inter alia, contending that the petitioner had not given the details of the properties which were illegally alienated and that necessary records had been maintained by the Executive Officer of the temple and that the service inam lands of the temple granted for the performance of 8th day Mandagapadi on Panguni Festival, were illegally alienated by the service holders behind the back of the respondents 2 and 3 and that the Resumption Petition filed by the temple, is pending before the Revenue Divisional Officer, Madurai. According to the second respondent, an enquiry relating to the allegations made as against the 11th respondent, is also pending. Hence, he prayed for the dismissal of the writ petition.