W.P.No.1409 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 22.01.2025 CORAM: THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE K.RAJASEKAR W.P. No.1409 of 2025 K. Moorthy Petitioner vs. 1. The Assistant Director of Survey and Land Records Collectorate Building Salem 2. The Tahsildar Salem South Tahsildar Office Salem District 3. The Village Administrative Officer Attayampatti Village Salem South Taluk Salem District 4. The Executive Officer Attayampatti Town Panchayat Attayampatti Post Salem Taluk and District 5. Marisan @ Mariappan 6. Revathi 7. Rasi @ Rasi Ammal 8. Lakshmi Page Nos.1/6 https://www.mhc.tn.gov.in/judis W.P.No.1409 of 2025 9. The Commissioner Hindu Religious and Charitable Endowments Department No.119, Uthamar Gandhi Salai (previously Nungambakkam High Road) Nungambakkam Chennai 600 034 10. The Joint Commissioner Hindu Religious and Charitable Endowments Department Salem Respondents (RR 9 & 10 impleaded suo motu by Court on 22.01.2025) Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 4 to consider the petitioner's representation dated 03.09.2024 to remove the encroachment made by respondents 5 to 8 by surveying the property in Survey Nos.117/10 and 117/12, Old S.No.15 of Village No.046, Attayampatti Village, Salem Taluk and District based on the acceptance given by 1st respondent letter no.O.Mu.Ma.Pa.181(2498)/2024 (A5) dated 15.05.2024. For petitioner Mr. H. Manojin For RR 1 to 3 Mr. M.S. Arasakumar Government Advocate For R4 Ms. M. Geetha Thamaraiselvan Special Govt. Pleader For RR 9 & 10 Mr. N.R.R. Arun Natarajan Special Govt. Pleader, HR & CE Page Nos.2/6 https://www.mhc.tn.gov.in/judis W.P.No.1409 of 2025 ORDER [made by M.SUNDAR, J.] In the captioned 'writ petition' (hereinafter 'WP' for the sake of brevity), writ petitioner is concerned for 'land belonging to a temple which is known as Perumal Temple in Attayampatti Village, Salem Taluk, Salem District' (hereinafter 'said land' for the sake of convenience and clarity). Writ petitioner also makes allegation of an alleged encroachment in a public lane. 2. This Court is guardian qua idol which is in the status of a minor in law. This Court is also custodia legis qua temple properties. Therefore, the principle laid down by Hon'ble Supreme Court in A.A.Gopalakrishnan's case [A.A.Gopalakrishnan vs. Cochin Devaswom Board and others [(2007) 7 SCC 482] applies. The most relevant paragraph is as follows: '10. The properties of deities, temples and Devaswom Boards, require to be protected and safeguarded by their trustees/archakas/shebaits/employees. Instances are many where persons entrusted with the duty of managing and safeguarding the properties of temples, deities and Devaswom Boards have usurped and misappropriated such properties by setting up false claims of ownership or tenancy, or adverse possession. This is possible only with the passive or active collusion of the authorities concerned. Such acts of “fences eating the crops” should be dealt with sternly. The Government, members or trustees of boards/trusts, and devotees should be vigilant to prevent any such usurpation or encroachment. It is Page Nos.3/6 https://www.mhc.tn.gov.in/judis W.P.No.1409 of 2025 also the duty of courts to protect and safeguard the properties of religious and charitable institutions from wrongful claims or misappropriation.' (underlining made by this Court for ease of reference) 3. Therefore, we suo motu implead Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai (previously Nungambakkam High Road) Nungambakkam, Chennai - 600 034 and Joint Commissioner, Hindu Religious and Charitable Endowments Department, Salem, as RR 9 and 10 respectively. 4. Issue notice to official respondents. 5. Mr. M.S. Arasakumar, learned Government Advocate, accepts notice for RR 1 to 3. Ms. M. Geetha Thamaraiselvan, learned Special Government Pleader, accepts notice for R4. Mr. N.R.R. Arun Natarajan, learned Special Government Pleader (HR & CE), accepts notice for RR 9 and 10. 6. All learned State counsel, more particularly, Mr.M.S.Arasakumar, learned State counsel for R2 (Tahsildar) submit Page Nos.4/6 https://www.mhc.tn.gov.in/judis W.P.No.1409 of 2025 that a joint survey would be held and if any encroachment is found qua said land, suitable action in accordance with applicable law would be taken. This submission is recorded. We deem it appropriate to preserve the rights and contentions of RR 5 to 8 (private respondents) who are alleged encroachers and also other alleged encroachers, if any when they are show caused – post joint survey. Therefore, considering the limited scope of the captioned main WP, main WP is taken up in the Admission Board with the consent of both sides. 7. We dispose of the captioned WP recording the stated position of all the learned State counsel. There shall be no order as to costs. (M.S., J.) (K.R.S., J.) 22.01.2025 cad Index : Yes/No Internet : Yes/No Page Nos.5/6 https://www.mhc.tn.gov.in/judis W.P.No.1409 of 2025 M.SUNDAR, J. and K.RAJASEKAR, J. cad To 1. The Assistant Director of Survey and Land Records Collectorate Building Salem 2. The Tahsildar Salem South Tahsildar Office Salem District 3. The Village Administrative Officer Attayampatti Village Salem South Taluk, Salem District 4. The Executive Officer Attayampatti Town Panchayat Attayampatti Post Salem Taluk and District 5. The Commissioner Hindu Religious and Charitable Endowments Department No.119, Uthamar Gandhi Salai (previously Nungambakkam High Road) Nungambakkam Chennai 600 034 6. The Joint Commissioner Hindu Religious and Charitable Endowments Department Salem W.P. No.1409 of 2025 22.01.2025 Page Nos.6/6 https://www.mhc.tn.gov.in/judis