ORDER : S.M. Subramaniam, J. 1. "There is a higher Court than court of justice and that is the court of conscience. It supersedes all other Courts", Mahatma Gandhi said. The notice issued by the 1st respondent in proceedings dated 19.02.2013 directing the 2nd respondent to appear for an enquiry along with the documents on 01.03.2013 at 02.00 p.m. is under challenge in this writ petition. 2. The learned counsel appearing on behalf of the writ petitioner states that, earlier the 2nd respondent filed W.P. No. 47722 of 2006 and this Court passed an order directing the Commissioner, Hindu Religious and Charitable Endowments Department, Chennai, to consider the representation of the 2nd respondent dated 23.02.2006 in respect of 12.5 acres of land in T.S. Nos. 12/2, 12/4, 12/5, 14, 15 and 16 Ward No. 1 of Thiruvarur Town, which belongs to the petitioner's Kattalai. In the representation, the 2nd respondent had agreed to pay fair rent fixed by the petitioner's Kattalai. As per G.O. Ms. No. 298, Tamil Development Religious Endowment and Information Department, dated 20.07.2010, the petitioner took efforts with the help of the qualified surveyor and the Executive Officer to demarcate the property and to take steps to fix the fair rent as per the practice and procedure and also to forward the same for passing necessary resolutions. 3. The learned counsel for he petitioner further submitted that one Kannabiran, who was the then Executive Officer, fixed the fair rent on his own, and sent the proposal for the financial year 2011, fixing the fair rent at the rate of Rs. 83,98,716/- being the arrears for 10 years. The fair rent was fixed by the Joint Commissioner, Hindu Religious and Charitable Endowments Department, to a tune of Rs. 1,30,201/- p.m. and the same was reduced by the then Executive Officer, Kannabiran, on his own. The period of lease granted to the 2nd respondent was from the year 1955 to 1985. The conditions stipulated in the lease were violated and the very spirit of the lease was abused by the 2nd respondent and many superstructures were constructed in the property without getting any permission from the petitioner's Kattalai. The 2nd respondent has no right to deal with the property. Moreover, no rent is being paid by the 2nd respondent to the petitioner's Kattalai. 4. The 2nd respondent has no right to deal with the property. Moreover, no rent is being paid by the 2nd respondent to the petitioner's Kattalai. 4. The learned counsel for the writ petitioner states that the Executive Officer was in collusion with the 2nd respondent and had violated the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act and the Rules. The Executive Officer was acting detrimental to the interest of the Trust and he was also involving in corrupt activities. Thus, his act was represented before the Commissioner by the writ petitioner, however, no effective action was taken by the Department in respect of all such corrupt activities. Even in the affidavit, it is categorically stated that the 1st respondent had colluded with the 2nd respondent in the matter of fixation of fair rent and periodical calculation of rent. 5. The learned Special Government Pleader appearing on behalf of the Hindu Religious and Charitable Endowment Department contended that the 2nd respondent is a defaulter in payment of monthly rent. The arrears of rent as of now is more than Rs. 80 lakhs, even as per the old fixation of rent. The fair rent has not yet fixed by the competent authorities. The 2nd respondent has not renewed the lease agreement. As of now, the 2nd Respondent is not holding any valid lease and therefore, the 2nd respondent is to be construed as an "encroacher" under Section 78 of the Hindu Religious and Charitable Endowment Act, 1959. The 2nd respondent is liable to be evicted in view of the fact that he is a chronic defaulter of payment of rent and he has constructed number of superstructures without obtaining permission from the competent authorities as well as from the petitioner's Trust and committed various illegalities. On account of all such illegal activities of the 2nd respondent, the petitioner Kattalai is financially affected and they are unable to fulfil the services to be provided as per the spirit of the deed of trust. Though the learned Special Government Pleader has stated all these illegalities committed by the 2nd respondent, there is no convincing reply in respect of the corrupt activities of certain officials of the Hindu Religious and Charitable Endowment Department, while dealing with the properties belong to the Temple as well as the Endowments/Trust. 6. Though the learned Special Government Pleader has stated all these illegalities committed by the 2nd respondent, there is no convincing reply in respect of the corrupt activities of certain officials of the Hindu Religious and Charitable Endowment Department, while dealing with the properties belong to the Temple as well as the Endowments/Trust. 6. The 1st respondent states that they are in the process of initiating action against all the persons, who all are responsible for their commissions and omissions in order to protect the properties belongs to the Temple as well as the Endowment/Trust. 7. Though the learned Special Government Pleader has narrated the facts, this Court is of an opinion that large scale irregularities, illegalities and corrupt activities are prima facie established by the writ petitioner by stating that the officials of the Hindu Religious and Charitable Endowment Department colluded with the 2nd respondent and not recovered the rent and further failed to fix the fair rent for the benefit of the Endowment/Trust. Not only the property in possession of the 2nd respondent, various other properties are also mostly misused and abused and those lands are now under the possession and enjoyment of some land mafia and land grabbers. The benefits from and out of those properties are not reached the accounts of the Temple and Endowment/Trust. Thus, the land mafias and land grabbers are in illegal possession of those properties belong to the Temple as well as the Trust/Endowment and utilizing the same for their unlawful enrichment and for personal gains. The learned counsel for the petitioner states that Department is all along remaining as silent spectator. The Department has committed an act of negligence and dereliction of duty. Even the higher officials, on receipt of several complaints failed to initiate action against all such illegalities and corrupt activities. Thus, the writ petitioner is constrained to move the present writ petition. 8. The learned counsel for the petitioner states that four Executive officers, who were placed under suspension for committing illegalities and for their involvement in corrupt activities. None of these officials fixed the fair rent and they have not initiated any action to protect the properties belong to the Temple as well as to the Trust/Endowment. 9. 8. The learned counsel for the petitioner states that four Executive officers, who were placed under suspension for committing illegalities and for their involvement in corrupt activities. None of these officials fixed the fair rent and they have not initiated any action to protect the properties belong to the Temple as well as to the Trust/Endowment. 9. The learned Special Government Pleader brought to the notice of this Court that more than 500 Acres of land are being misused and abused by several third parties and in some cases, the petitioners' have also joined together and committed certain irregularities. All those properties to the larger extent are now under the illegal possession and enjoyment of such third parties, who all are neither the leaseholders nor having any valid permission or authorization to possess such lands. 10. With all humility, this Court with pain, has to observe that the Department remained as a silent spectator for such large scale illegalities and corrupt activities. No one can believe that the higher officials of the Department are unaware of such illegalities and corrupt activities. Only possible inference to be drawn is that they have not initiated any effective and efficient actions to prevent or at least to set right all those illegalities and corrupt activities. Contrarily, they allowed all such illegalities and corrupt activities to continue for years together. The land mafias and the land grabbers encroached the properties, belongings of the Temple as well as the Trust/Endowment for the past many years and utilized for their personal gains and for unlawful enrichment. 11. This Court found that in some cases, where the actions are taken, all such actions are inadequate and ineffective. In remaining cases, no actions are taken at all. In other words, the actions are taken for the purpose of completing the formalities and no efficient and required actions are taken by the authorities of the Department, so as to settle the issues in the manner known to law. Even there is a possibility of collusion in respect of initiation of all such actions. The growing trend across the State is that encroachment of public lands, Temple lands and Trust lands are continuing as a menace. Even there is a possibility of collusion in respect of initiation of all such actions. The growing trend across the State is that encroachment of public lands, Temple lands and Trust lands are continuing as a menace. Greedy men, land grabbers and land mafias are tempted to encroach all such public lands, Temple lands by using their muscle power and money power and by influencing the authorities concerned and with the assistance of few local politicians. Such land mafias and land grabbers are acting as a gang in their locality. However, no effective steps are taken to curb the illegal activities of those land mafias and land grabbers. Contrarily, the authorities have either colluded or remained as silent spectators. Few honest officials remained as silent spectators and their inactions were encouraged those illegal activities. In few cases, the officials themselves colluded by indulging in corrupt activities. Circumstances are many, however, the situation remains that the valuable properties and hard earned money donated or gifted by the great souls for the welfare of the Temple and the devotees are mostly misused and abused. Few great souls donated their valuable properties with the noble idea of serving the society at large, more particularly, the devotees of the particular Temple. They created Trust to achieve certain missions for serving the people of that locality. However, all those objectives, ideas, spirits are not only diluted, but misused by the persons, who all are the trustees and the custodian of all such properties. 12. Merely placing few Executive officers under suspension alone will not solve the issues and monitoring of the activities and the dealing of the properties belongs to the Temple and Endowments are also to be scrutinized periodically. The higher officials, who all are responsible for monitoring the activities of the Sub ordinates also have miserably failed in performing their duties and responsibilities. They have committed negligence and dereliction of duty by committing omissions and by not initiating action against all such officials, who have failed to act in accordance with the provisions of the Act and rules. Thus, the Commissioner/the third respondent is bound to consider and look into the irregularities and illegalities, commissions and omissions, negligence and dereliction of duty committed by the higher officials including the Joint Commissioner, Assistant Commissioner, etc.,. Thus, the Commissioner/the third respondent is bound to consider and look into the irregularities and illegalities, commissions and omissions, negligence and dereliction of duty committed by the higher officials including the Joint Commissioner, Assistant Commissioner, etc.,. The Commissioner, Hindu Religious and Charitable Endowment Department is bound to conduct detailed enquiry under the provisions of the Act, in view of the fact that more than 500 Acres of land and some valuable properties are under the illegal possession and enjoyment of few land grabbers, land mafias in an illegal manner and those properties are misused and abused for their personal gains and for unlawful enrichment. It is needless to State that the valuable properties gifted/donated for the purpose of performing certain Kattalais and for the benefit of the Temple are to be utilized for the benefits, for which, the Trust was created or the properties were donated. Contrarily, the authorities, who all are the trustees and custodian of the properties cannot remain as silent spectators nor tolerate the illegal and corrupt activities of few officials, who all are indulged in colluding with such land grabbers and land mafias. 13. The officials of the Hindu Religious and Charitable Endowment Department are Law Graduates. The qualification prescribed for appointment to the Post of the Executive officer is Law Graduation. The prescription of the requisite qualification of Law degree has got a definite meaning. The Temples in the State of Tamil Nadu own properties, worth several Crores. Near about 36,000 (Thirty Six Thousand) Temples are now under the administrative control of the Hindu Religious and Charitable Endowment Department throughout the State. Most of the Temples are owning large extent of immovable properties and movable properties, worth several Crores. Lot of litigations are pending. Lease, agreement, Sale deed, original documents, etc., are to be preserved and protected by the Department. The valuable immovables including jewelleries, ornaments, properties and valuables belonging to the Temples across the State are to be protected. The requisite qualification of Law degree has been prescribed for appointment to the Post of Executive officer. It is painful to pen down that all such Law Graduates, who all are duty bound to uphold the rule of law by following the procedures as contemplated under the provisions of the Hindu Religious and Charitable Endowment Act and Rules are failing in their duties to protect the interest of the Religious institutions. 14. It is painful to pen down that all such Law Graduates, who all are duty bound to uphold the rule of law by following the procedures as contemplated under the provisions of the Hindu Religious and Charitable Endowment Act and Rules are failing in their duties to protect the interest of the Religious institutions. 14. The Commissioner, Hindu Religious and Charitable Endowment Department, who is the Head of the Department is duty bound to act swiftly in respect of all such illegalities and corrupt activities. The inaction of the Commissioner for long duration and allowing these illegalities and corrupt activities to continue for years together is also to be deprecated. The efficiency level of the Hindu Religious and Charitable Endowment Department is to be certainly enhanced. The Commissioner, who is the Head of the Department has to monitor all such activities of the Department and also issue orders and instructions, then and there, so as to ensure that the properties, valuables, omissions, etc., belongs to the Trust/Endowments are preserved and protected and utilized for the benefit of the Temple and for the devotees as per the provisions of law. The failure on the part of the Commissioner, Hindu Religious and Charitable Endowment Department is also to be viewed seriously. The Commissioner, being a senior I.A.S., level officer is bound to review the activities of his sub ordinates and initiate action then and there in the manner known to law. The I.A.S., officers are bound to run an effective administration as they are the specialized persons to run the administration in our Country. They are specially qualified for running an efficient administration. Thus, this Court is of an opinion that the Commissioner, Hindu Religious and Charitable Endowment Department is also to be held responsible to the extent of his inactions, omissions and negligence in respect of initiating actions against the illegalities and corrupt activities in the Department. 15. This Court expect that the Commissioner, Hindu Religious and Charitable Endowment Department, will make use of this opportunity through the present writ petition on hand and initiate swift action against all such illegalities and corrupt activities and initiate appropriate action against all the higher officials, who have committed lapses, negligence, dereliction of duty and further, save the properties belongs to the Temple and the Endowment/Trust, and utilize the same for the benefit of the public at large in the manner known to law. 16. The actions are to be initiated to scrutinize the details of the properties, jewelleries, etc., Inventories are to be taken by the appropriate authorities. The details of the possession and enjoyment of the immovable properties and the persons, who are misusing or abusing the properties are also to be listed out and actions are to be initiated for evicting all such encroacher's, illegal occupants and the persons, who have committed default in payment of rent etc. 17. Section 23 of the Hindu Religious and Charitable Endowment Act, 1959, provides Power and duties of Commissioner in respect of temples and religious endowments, which reads as under: "Subject to the provisions of this Act, the administration of [all temples (including specific endowments attached thereto) and all religious endowment] shall be subject to the general superintendence and control of [the Commissioner] and such superintendence and control shall include the power to pass any orders which may be deemed necessary to ensure that [such temples and endowments] are properly administered and that their income is duly appropriated for the purposes for which they were founded or exist: [Provided that [the Commissioner] shall not pass any order prejudicial to any temple or endowment unless the trustees concerned had a reasonable opportunity of making their representations." 18. Section 33 of the Act provides Inspection of property and documents. Section 34 of the Act deals with Alienation of immovable trust property. As per Section 34, Any exchange, sale or mortgage and any lease for a term exceeding five years of any immovable property, belonging to, or given or endowed for the purpose of, any religious institution shall be null and void unless it is sanctioned by the Commissioner as being necessary or beneficial to the institution. Section 34A of the Act denotes Fixation of lease rent. Section 34-D of the Act deals with Bar of jurisdiction of Civil Court, which reads as under: "Save as otherwise provided in section 34-A or 34-C, no suit or other legal proceeding in respect of an order passed under section 34-A or 34-B or 34C, as the case may be, shall be instituted in any court of law." 19. When 34-D of the Hindu Religious and Charitable Endowments Act provides an express bar of jurisdiction of Civil Courts. When 34-D of the Hindu Religious and Charitable Endowments Act provides an express bar of jurisdiction of Civil Courts. It is brought to the notice of this Court that large number of such Civil suits are entertained by the Civil Courts across the State and those Civil suits are pending for long years and under the guise of such pendency, the land grabbers, land mafias and illegal persons are continuing in possession and enjoyment of the properties belonging to the Religious institutions." 20. This Court is of an undoubted opinion that the Civil Courts across the State, while entertaining the Civil suits against the orders passed by the competent authorities under the Hindu Religious and Charitable Endowments Act under Section 34-A or 34B or 34-C, is bound to look into the maintainability of the Civil suit at the first instance. Such Civil Suits, on its institution, must be scrutinized and the express bar as contemplated under the Hindu Religious and Charitable Endowments Act, should be considered with reference to Section 9 of the Code of Civil Procedure. Contrary to the provisions of law, the Civil Courts are entertaining such suits without even noticing the express bar provided under the Hindu Religious and Charitable Endowments Act. When there is an express bar under the Special Act (Hindu Religious and Charitable Endowments Act), no suit can be entertained for adjudication in respect of the orders passed by the Department under Sections 34-A or 34-B or 34-C. When the issues are governed under the Special Act, specifically, the Special Act alone will prevail over all the general laws and therefore, the express bar as contemplated under the Hindu Religious and Charitable Endowments Act, should be looked into at the first instance. 21. In view of the fact that several suits are entertained without even considering the maintainability and the express bar as contemplated under the provisions of the Hindu Religious and Charitable Endowments Act, this Court is bound to invoke Article 227 of the Constitution of India, so as to issue directions to the Civil Courts to verify all such suits and dispose of the same within a short span of time. Even under the National Litigation Policy, the "Efficient Litigant" means "Focusing on the core issues involved in the litigation and addressing them squarely, Managing and conducting litigation in a cohesive, coordinated and time-bound manner". Even under the National Litigation Policy, the "Efficient Litigant" means "Focusing on the core issues involved in the litigation and addressing them squarely, Managing and conducting litigation in a cohesive, coordinated and time-bound manner". It is needless to state that all such suits now pending, which all are expressly barred under Section 9 of the Civil Procedure Code with reference to Section 34-D of the Hindu Religious and Charitable Endowments Act, should be disposed of without any further delay. Such quick disposals will not only reduce the pendency in Courts, but will be helpful to the Religious institutions to protect their properties and utilize the same for the benefit of Religious institutions. 22. Section 78 of the Hindu Religious and Charitable Endowments Act, 1959, deals with Encroachment by persons on land or building belonging to charitable or religious institution or endowment and the eviction of encroachers. Section 79 of the said Act prescribes Mode of eviction on failure of removal of the encroachment as directed by the Joint Commissioner. Section 79A of the Act denotes Encroachment by group of persons on land belonging to charitable religious institutions and their eviction. Section 79-B of the Act provides Penalty for offences in connection with encroachment. Section 79-C of the Act provides Recovery of moneys due to religious institution, as arrears of land revenue. Section 80 of the Act deals with Eviction of lessees, licensees or mortgages with possession in certain cases. 23. When the provisions of the Hindu Religious and Charitable Endowments Act contemplates a separate Chapter in Chapter VII of the Act for dealing with the encroachments, it is duty mandatory on the part of the executives concerned to implement the loss in its letter and spirit without any dilution or deviation. When the unlawful persons are in occupation of the properties belong to the Religious institutions and persons, who are in possession and enjoyment without any valid lease are to be dealt with in accordance with the provisions of the Act. Suitable circulars are to be issued by the Commissioner, Hindu Religious and Charitable Endowments Department in this regard to the Executive officers concerned. The expiry of lease must be notified immediately. Suitable circulars are to be issued by the Commissioner, Hindu Religious and Charitable Endowments Department in this regard to the Executive officers concerned. The expiry of lease must be notified immediately. If any person is in possession and enjoyment of the properties, belonging to the Religious institutions, without any valid lease or permission, then swift actions are to be taken for eviction by declaring them as encroachers under Section 78 of the Act. The lease must be periodically renewed as per the provisions of law and as per the Circulars to be issued by the Commissioner. Periodical enhancement of rent in commensuration with the market rent is also to be maintained by the Department. In this regard also, the Commissioner should issue proper directions to all the Executive officers, to maintain the properties of the Religious institutions intact and follow the lease and expiry of lease, fixation of rent, eviction, etc., in accordance with the provisions of the Act and Rules. Any failure in this regard must be viewed seriously and the Commissioner can never show any leniency or misplaced sympathy in respect of the actions to be taken in this regard. 24. Mr. M. Maha Raja, learned Special Government Pleader(HR & CE), submitted that he has obtained instructions from the Commissioner (HR & CE) Department/the 3rd respondent in respect of the actions to be initiated in this regard. The learned Special Government Pleader also states that the Commissioner has initiated suitable actions to conduct enquiries in respect of the illegalities and dereliction of duty against the officials including Commissions and omissions for the purpose of settling all the issues. The Commissioner/3rd respondent will ascertain the details of properties both movables and immovables belonging to the Temples/Endowments/Trusts and take adequate steps to protect the properties belonging to the Temples/Trust/Endowments. 25. The properties were donated/gifted by some great souls. Their valuable earnings were contributed for the benefit of public at large. Thus, the Commissioner is duty bound to maintain the same and protect the properties, as the Department is the custodian and trustee of all the properties belong to the Temple and Religious institutions under the provisions of the Act. 26. The properties were donated/gifted by some great souls. Their valuable earnings were contributed for the benefit of public at large. Thus, the Commissioner is duty bound to maintain the same and protect the properties, as the Department is the custodian and trustee of all the properties belong to the Temple and Religious institutions under the provisions of the Act. 26. When this being the object and purpose of the Act, this Court is of an opinion that all concerned must implement the provisions of the Act and Rules and protect the Religious institutions, its properties and belongings in the manner known to law. 27. Under these circumstances, this Court is inclined to issue the following orders: (i) As the writ petition is filed, challenging the enquiry notice dated 19.02.2013, no consideration is required and accordingly, the relief as such sought for in the present writ petition stands rejected. (ii) The 1st respondent is directed to continue the enquiry by affording opportunities to the petitioner and conclude the same in accordance with law. If the 2nd respondent is not holding any valid lease, then appropriate actions are to be initiated for eviction by following the procedures as contemplated under the Act and Rules and recover the arrears of rent. (iii) The Commissioner, Hindu Religious and Charitable Endowments Department/the 3rd respondent is directed to upload and publish the details of the lessees, their particulars, lease period and the rent fixed in respect of all the movables and immovable properties belong to all the Religious institutions/Endowments/Temples/Trusts, across the State of Tamil Nadu in the official website of the Hindu Religious and Charitable Endowments Department within a period of three months from the date of receipt of a copy of this order. (iv) The Commissioner, Hindu Religious and Charitable Endowments Department/the 3rd respondent, is directed to upload the list of defaulters of payment of rent and the persons, who all are in unlawful occupation of the Temple lands and the persons, who all are in occupation of the lands without any valid lease or permission in the official website within a period of three months from the date of receipt of a copy of this order. (v) All the Civil Courts across the State of Tamil Nadu are directed to verify the Civil Suits instituted against the orders passed under Section 34-A or 34-B or 34-C of the Hindu Religious and Charitable Endowments Act and accordingly, hear the suits, expeditiously and dispose of the same without any lapse of time in the light of Section 34-D of the HR & CE Act. (vi) The Registrar General, High Court of Madras, is directed to communicate the copy of this order to all the Civil Courts across the State of Tamil Nadu, enabling them to consider the express bar of jurisdiction of Civil Courts as contemplated under the Act in respect of the suits instituted and pending. (vii) The Commissioner, Hindu Religious and Charitable Endowments Department/the 3rd respondent is directed to conduct enquiries by constituting number of committees, if required or by way of delegation of powers to the competent authorities and accordingly, initiate all appropriate actions against the encroachers, illegal occupants, land grabbers, land mafias, who all are in illegal possession and enjoyment of the properties, belonging to the Religious institutions/Trusts/Endowments/Temples by following the procedures as contemplated under the Hindu Religious and Charitable Endowments Act and rules. Such an exercise is to be done by the 3rd respondent/The Commissioner, within a period of three months from the date of receipt of a copy of this order. (viii) The Commissioner, Hindu Religious and Charitable Endowments Department/the 3rd respondent, on identifying the encroachments, illegal occupations and the land grabbings, is directed to initiate immediate action for eviction of all the illegal occupants, encroachers and the land grabbers in respect of the properties belonging to the Religious institutions across the State of Tamil Nadu. (ix) The Commissioner, Hindu Religious and Charitable Endowments Department/the 3rd respondent, is directed to constitute Special Committees, consisting of the officials with proven integrity to ascertain all such illegalities, irregularities and corrupt activities of various officials of the Hindu Religious and Charitable Endowments Department, and conduct enquiries and based on the inputs of such Committees or the competent authorities, the Commissioner is bound to initiate appropriate prosecutions under the Criminal law and also the disciplinary proceedings under the Tamil Nadu Civil Services (Discipline and Appeal) Rules. 28. With the above directions, this writ petition stands disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed. Post the matter on 23.01.2019, under the caption "For Reporting Compliance".