A.RADHAKRISHNAN Vs. SECRETARY TO GOVERNMENT

JUDGEMENT

(1.) The petitioner has filed the above writ petition to issue writ of mandamus directing respondents 3 to 7 to identify the encroachers who have encroached in the 7th respondent temple in the land in S.Nos.55/1 and 56/2, Jagirkammanaickenpatty Village, Salem West Taluk, Salem District and remove the encroachers in accordance with law in a time bound manner and consequentially, issue direction directing the first respondent to take appropriate action against erring officials of the second respondent department who failed to remove the encroachment right from the year 2013.

(2.) The petitioner though has filed the writ petition for the removal of encroachments in the land belonging to the seventh respondent temple in S.F.Nos.55/1 and 56/2, in paragraph 7 of the affidavit filed in support of the petition, the petitioner himself has stated that the fifth respondent had issued show cause notices to the encroachers by following the provisions of Section 78 of the Hindu Religious and Charitable Endowments Act , 1959, regarding the encroachments and on receipt of the show cause notices by the encroachers, they have submitted their representations and made a request for considering their long period of possession in the temple property and following G.O.No.340, dated 06.08.2007, they sought to treat them as tenants and to fix appropriate rent. On receipt of the said representations, the fifth respondent through his proceedings dated 17.08.2016, requested to regularise the encroachments by fixing appropriate rent and accordingly, on 29.11.2017 the Fixation Committee had fixed the rent for 148 encroachers.

(3.) When the petitioner himself has admitted that the possession of 148 encroachers have been regularised and they were recognised as tenants and the Fixation Committee had also fixed the rent for the premises which are in occupation of the encroachers, the prayer sought for in the writ petition by the petitioner cannot be granted.