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2022 DIGILAW 2996 (MAD)

V. Vijayapandian v. Commissioner, Hindu Religious & Charitable Endowments, Chennai

2022-08-29

C.SARAVANAN

body2022
JUDGMENT (Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorari, to call for the records relating to the order of the second respondent dated 30.07.2022 in Miscellaneous Petition No.225 of 2022 and quash the same.) Common Order 1. By this common order, all the seven Writ Petitions are being disposed. 2. This is the third round of litigations before this Court. The petitioners are the encroachers of the land belonging the fourth respondent Arulmighu Thirusoolanathar Thirukovil. Earlier, W.P.No.20824 of 2013 was file by some of the encroachers. The said W.P.No.20824 of 2013 was disposed by an order dated 17.07.2014 with the following observations:- 6. Heard both sides. By consent, the main Writ Petition itself is taken up for final disposal. 7. At this juncture, it is relevant to extract the conditions stated in the counter affidavit filed by the 4th respondent for giving 'No Objection Certificate' to the petitioners, which reads as follows:- i. I will not prevent the Temple authorities in having access to the Temple property occupied by me. ii. I will pay the fair rent that to be fixed by the Temple authorities. iii. I will pay the arrears of rent within the stipulated period. iv. I will execute a lease deed in respect of the property I have occupied. v. I will pay the donation (15 times of the rent) and I will pay advance amount (10 times of the rent). 8. In view of the affidavit filed by all the petitioners individually into Court today, thereby, agreeing to satisfy the conditions as stated by the fourth respondent in the counter affidavit filed by him, suffice it to state that the fourth respondent shall immediately fix the fair rent for each of the petitioners within a period of one month from the date of receipt of a copy of this order and on such fair rent being fixed, each of the petitioners shall pay 50% of the total due directly to the fourth respondent and in turn, the fourth respondent shall give 'No Objection Certificate' to give temporary electricity service connection to the petitioners. After payment of full amount, the fourth respondent shall give 'No Objection Certificate' to give permanent electricity service connection to the petitioners. After payment of full amount, the fourth respondent shall give 'No Objection Certificate' to give permanent electricity service connection to the petitioners. Thereafter, the petitioners shall submit an application along with the 'No Objection Certificate' to the third respondent, who in turn shall pass necessary orders, thereby, providing permanent electricity service connection to the petitioners. 9. With the above direction and observation, the Writ Petition is disposed of. Consequently, connected Miscellaneous Petition is closed. No costs. 3. Apparently, the above order was observed in breach. The fourth respondent Temple had filed W.P.No.12351 of 2020 for issuance of a Writ of Mandamus, to direct the first and second respondent, i.e. Block Development Officer of St.Thomas Mount Panchayat Union and Executive Officer of Thirusoolam Panchayat, to consider the representation of the fourth respondent Temple dated 15.07.2020 and to take suitable action against the illegal construction. 4. By an order dated 30.11.2021, this Court directed the Commissioner of Hindu Religious and Charitable Endowments Department to treat the encroachers / private respondents therein as tenants and to fix the fair rent, within a period of six months from the date of receipt of a copy of the said order. The said order has also not been complied. 5. Meanwhile, W.P.No.21323 of 2021 [Public Interest Litigation (PIL)] was filed before First Bench of this Court, for a direction to the official respondents to take steps to evict the encroachers. Orders have been passed in W.P.No.21323 of 2021 [Public Interest Litigation (PIL)] and the case is now regularly coming up in the list for reporting compliance. 6. The petitioners along 42 others had filed W.P.Nos.20418 & 20425 of 2022 for issuance of a Writ of Mandamus, to direct the respondents to fix a fair rent for the lands occupied by them and to consequently execute necessary Lease Deeds in favour of them. W.P.Nos.20418 & 20425 of 2022 were dismissed by this Court on 04.08.2022 as pre-mature after taking note of the submissions of the learned Special Government Pleader for the respondent by asking the petitioners to give representation before the respondents herein for regularizing their possession in the proceedings initiated under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 which was said to be pending before the second respondent Joint Commissioner. 7. 7. However, when the above order was passed on 04.08.2022, the impugned orders had already been passed by the second respondent on 30.07.2022. Pursuant to the impugned orders dated 30.07.2022 of the second respondent Joint Commissioner, the petitioners have now been directed to vacate the premises by 30.08.2022. The impugned orders have been received by the petitioners on 27.08.2022. 8. It is submitted by the learned Special Government Pleader for the respondents that there are no mistakes committed by the second respondent while passing the impugned orders as an opportunity was given to the petitioners to make their submissions before the second respondent. Further, a liberty was given to the petitioners to file appropriate revision petition, if aggrieved, before the Commissioner within a period of thirty days from the date of receipt of the impugned orders. 9. The learned Special Government Pleader submits that W.P.No.21956 of 2022 was filed by several others like the petitioners challenging the eviction proceedings pending disposal of their Revision Petitions filed under Section 21 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. On 26.08.2022, W.P.No.21956 of 2022 came to the disposed by directing the authority to condone the delay in filing the Revision Petitions and dispose the same on merits. 10. It is further submitted that the petitioners have an alternate remedy under Section 21 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and therefore, this Writ Petition is liable to be dismissed. 11. By way of rejoinder, the learned counsel for the petitioners submits that the remedy under Section 21 of the Act is illusory as on date as the first respondent has not fixed the fair rent despite there being a direction to fix the fair rent vide order dated 17.07.2014 in W.P.No.20824 of 2013 and order dated 30.11.2021 in W.P.No.12351 of 2020. 12. The learned counsel for the petitioners submits that the petitioners are willing to pay the rent that may be fixed by the Commissioner. Same stands recorded. 13. I have considered the arguments advanced by the learned counsel for the petitioners and the learned Special Government Pleader for the respondents. 14. The fact remains that these petitioners have never paid any amount and are encroachers on the temple. It is therefore the intention of the respondents to take steps to evict them from the encroached land of the fourth respondent Temple. 14. The fact remains that these petitioners have never paid any amount and are encroachers on the temple. It is therefore the intention of the respondents to take steps to evict them from the encroached land of the fourth respondent Temple. Further, orders have been passed in W.P.No.21323 of 2021 [Public Interest Litigation (PIL)]. Pursuant to which, the impugned proceedings were initiated. The said W.P.No.21323 of 2021 [Public Interest Litigation (PIL)] was to be listed today before the First Bench for reporting compliance. 15. Earlier order dated 17.07.2014 in W.P.No.20824 of 2013 has not been complied. Order dated 30.11.2021 in W.P.No.12351 of 2020 of this Court directs the respondents to treat the encroachers as tenants and to fix the fair rent within a period of six months from the date of receipt of a copy of the said order. However, till date, the fair rent has also not been fixed. 16. While dismissing the W.P.Nos.20418 & 20425 of 2022 filed by the petitioners along with 42 others, on 04.08.2022, this Court asked the respective petitioners to independently approach the Temple and the respondents to regularize their possession by agreeing to pay the rent that may be demanded by the respondents. 17. It appears that the petitioners along with 42 others have also given a representation dated 24.08.2022 to regularize their possession of the land of the fourth respondent Temple and to fix the fair rent. Since the impugned orders have been passed on 30.07.2022, the petitioners are directed to formally file Revision Petitions under Section 21 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, within a period of one week from the date of receipt of a copy of this order. 18. Considering the fact that the respective petitioners have not paid any amount so far to the fourth respondent Temple, the respective petitioners are directed to pay a sum of Rs.50,000/- each to the fourth respondent Temple. On such receipt, the Revision Petitions and the representations dated 24.08.2022 of the petitioners shall be disposed by the first respondent Commissioner, for regularizing their possession, within a period of six weeks from the date of receipt of a copy of this order. 19. In case the petitioners fail to comply with this order, the respondents are at liberty to proceed further against the erring petitioners in accordance with law. 20. 19. In case the petitioners fail to comply with this order, the respondents are at liberty to proceed further against the erring petitioners in accordance with law. 20. These Writ Petitions are disposed with the above observations. No cost. Consequently, connected Miscellaneous Petitions are closed.