A.RADHAKRISHNAN Vs. COMMISSIONER OF SURVEY AND SETTLEMENTS

JUDGEMENT

(1.) This writ petition has been filed seeking a writ of mandamus directing the respondents to remove the encroachment made in the Temple lands in Survey Nos.195, 230,236/2, 237, 238/2, 239/1, 239/2, 239/3, 241, 242, 269, 235 in Kathaparai Village and Survey Nos.539/1, 539/3, 569/1, 569/2, 577/2, 577/3, 579, 580, 582, 583, 593, 596/1, 596/2, 593/3 in Authoor Village, Manmangalam Taluk, Karur District.

(2.) The petitioner represents himself to be a devotee of the Arulmighu Bala Subramanya Swami Temple, Vennaimalai, Manmangalam Taluk, Karur District, claims that the said temple is a 1000 years old temple and is having hundreds of acres of land in various places including Kathaparai and Athur Villages at Karur District, that most of the lands of the temple have been encroached by third parties and they have not even paid any rent to the temple. In this connection according to petitioner he made several representations to remove the encroachment and the officials have also conducted several meetings, but, the encroachments have not been removed yet. On his representation dated 22.09.2015 the fourth respondent, namely, the District Collector, Karur District, constituted a Committee consisting of various Department Officials like Revenue, Police, Survey, Health, HR & CE, etc., and directed them to complete the survey and identify the lands on or before 07.10.2015. However, the order of the District Collector was not complied with and his further efforts in this regard also ended in vain. On 23.11.2015, the Temple had paid the amount for surveying the lands and sent a representation dated 25.11.2015 to the Tahsildar, Manmangalam. Subsequently, the 7th respondent by order dated 18.12.2015 directed the Tahsildar, Manmangalam to survey the lands. But, even then no action was taken. Finally the petitioner sent a representation on 27.12.2017, seeking immediate and necessary action and then filed this writ petition to remove the encroachers from the temple lands.

(3.) While entertaining this petition by order dated 04.01.2018, this Court directed the District Collector, Karur and the other officials to appear before this Court and answer as to why action has not been taken as per the decision taken in the meeting held on 22.09.2015 to remove the encroachment made over the property belonging to Arulmighu Balasubramania Swamy Temple, Vennaimalai, Manmangalam Taluk, Karur District.