High Court Madras High Court

Balavinayagar Temple vs State Of Tamil Nadu on 14 July, 2010

Madras High Court
Balavinayagar Temple vs State Of Tamil Nadu on 14 July, 2010
       

  

  

 
 
 IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.07.2010

CORAM:
THE HONOURABLE MR. JUSTICE V.DHANAPALAN

W.P.No.10630 of 2010

Balavinayagar Temple,
Palathurai Coimbatore Taluk,
Coimbatore District,
rep. by its Hereditary Trustee,
A.Dharmalingam							... Petitioner

vs.

1.	State of Tamil Nadu,
	rep. by its Secretary to Government,
	Hindu Religious and Charitable Endowment and
	Administration Department,
	Chennai 600 005.

2.	The Commissioner of 
	Hindu Religious and Charitable Endowment,
	Uthamar Gandhi Salai,
	Nungambakkam,
	Chennai 600 034.

3.	The Joint Commissioner of
	   Hindu Religious and Charitable Endowment,
	Coimbatore.

4.	The Asst. Commissioner of 
	   Religious and Charitable Endowment,
	Coimbatore.						... Respondents
	
	Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus,  directing the respondents herein to take further action on the proceedings dated 18.02.2010 in Na.Ka.1848/2006/A7 and to permit the petitioner to sell the properties of an extent of 11.04 hectares in Survey Nos.575/1, 575/2 and 576/1 at Arisipalayam Village, Coimbatore.


	For Petitioner	:	Mrs.Narmada Sampath

	For Respondents	:	Mr.N.Senthil Kumar, for R-1
					Additional Government Pleader
		
					Mr.T.Chandrasekaran, for R-2 to R-4
					Special Government Pleader


O R D E R

Heard Mrs.Narmada Sampath, learned counsel for the petitioner, Mr.N.Senthil Kumar, learned Additional Government Pleader appearing for the 1st respondent and Mr.T.Chandrasekaran, learned Special Government Pleader appearing for respondents 2 to 4.

2. The petitioner has filed this writ petition for a direction to the respondents herein to take further action on the proceedings dated 18.02.2010 in Na.Ka.1848/2006/A7 and to permit him to sell the properties of an extent of 11.04 hectares in Survey Nos.575/1, 575/2 and 576/1 at Arisipalayam Village, Coimbatore.

3. According to the petitioner, he is the hereditary Trustee of the petitioner Temple and he has filed this writ petition to safeguard the old age treasures of ancient values such as sculptures and arts including the day to day activities of the petitioner Temple. He is also conducting poojas and festivals in the same manner of old culture and tradition and is also executing the holy task of protecting the priceless properties of the Temple which has historic value.

3a. The petitioner would submit that he has been managing the Temple for the past 40 years and the status of the petitioner as hereditary Trustee has been recognized by the 1st respondent herein by an order dated 29.08.1998 in Rc.M.P.No.2/88/B.1. It is also his submission that he has been managing the Temple all along from the funds generated by him. The petitioner Temple owns land for an extent of 11.04 hectares in Survey Nos.575/1, 575/2 and 576/1 at Arisipalayam Village. By proceedings No.Mi.Mu.5133/80 dated 22.04.1980, the Joint Commissioner, Hindu Religious and Charitable Endowments (H.R. & C.E.) Department, the 3rd respondent herein had recognised and ratified the same as the Temple is 150 years old and for the past 40 years, the Temple never had any function like Kudamuzhakku, Kumbhabishekam, etc. because the lands owned by the petitioner Temple are in a condition by which no funds could be generated. Since the lands are punjai lands, there is no possibility of digging out a well or erecting a bore-well.

3b. Considering the fact that the land is not fetching any income, the petitioner decided to sell the same after obtaining necessary permission from the respondent authorities. Accordingly, two representations dated 11.04.2005 and 14.02.2006 were filed under Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, (hereinafter called as ‘Act’) for the disposal of the Temple properties in accordance with law.

3c. It is the case of the petitioner that as there was no disposal of any of his representations by the concerned authorities, he moved this court in W.P.No.6705 of 2006 with a prayer to direct the 2nd respondent therein to consider and pass orders on his representations dated 01.04.2005 and 14.02.2006 as per Section 34 of the Act within the time fixed by this court and the said petition was allowed by an order dated 08.03.2006, wherein the respondents were directed to dispose of the representations of the petitioner within twelve weeks from the date of receipt of a copy of the order. Thereafter, the 3rd respondent called the petitioner for an enquiry and accordingly, the petitioner attended the enquiry on 26.06.2006 and he submitted that the present condition of the lands of the Temple did not fetch any income and hence, he decided to sell the lands for generating funds for maintaining the Temple. Then, by letter dated 05.07.2006, the 2nd respondent passed an order quoting Section 41 of the Act that the appropriate authority for granting permission would be the Government and necessary steps are being taken to sell the properties owned by the petitioner Temple.

3d. By letter dated 08.05.2007, the Assistant Commissioner wrote to the District Collector to ascertain the guideline value of the petitioner Temple property. He also sent reminders to the District Collector by letters dated 13.08.2006 and 15.12.2006. Thereafter, by letter dated 05.03.2007, the Sub-Registrar sent the guidelines value of the said property to the 3rd respondent. As the respondents did not pass any order on the petitioner’s representation, the petitioner was finding it very difficult to meet the expenses towards the maintenance of the Temple. In fact, the petitioner was not willing to sell the property owned by the Temple, but considering the fact that the Temple had no function for the last 40 years, he was forced to take such a step for selling the Temple lands.

3e. Being aggrieved by the inaction of the respondents, the petitioner filed yet another writ petition in W.P.No.18125 of 2008 seeking a writ of mandamus directing the respondents herein to permit him to sell the properties of an extent of 11.04 hectares in Survey Nos.575/1, 575/2 and 576/1 at Arisipalayam Village, Coimbatore in accordance with law within a reasonable time. The said writ petition was disposed of by this court by an order dated 16.02.2008. The operative portion of the said order would read thus :

“During the pendency of the Writ Petition, according to the learned counsel appearing for the petitioner as well as the learned counsel appearing for the respondents in relation to the issue in question, the petitioner was permitted to furnish certain documents and further according to the learned counsel appearing for the respondent Department, in the event of the petitioner complying with the directions issued in the above said proceedings, orders will be passed in this regard. The learned counsel appearing for the petitioner has also submitted that the petitioner will carry out the directions issued in the proceedings, dated 18.11.2008.

3f. Thereafter, by an order dated 15.04.2009, the 1st respondent passed a proceeding stating that the petitioner may approach the donors for funds to manage the Temple for a period of two months, in case if no donors are found, thereafter, the petitioner may approach two Temples, namely, Echnaari Vinayagar Temple or Subramaniah Swami Thirukovil, which are situated nearby the petitioner’s Temple for selling the Temple lands owned by the petitioner. The Principal Secretary, Government of Tamil Nadu, by an order dated 23.04.2009 was pleased to pass an order directing the petitioner to approach the donors for a period of two months for funds to manage the expenses of the Temple, thereafter, in case, if no funds are generated, he may approach Echanaari Vinayagar Temple or Subramaniah Swami Thirukovil for sale of the lands owned by the Temple and further, it was also directed that the entire action has to be completed within a period of one month.

3g. The 2nd respondent, by an order dated 02.07.2009 directed the petitioner to furnish the particulars regarding the steps taken by the petitioner in regard to raising of funds or the steps taken for approaching the other Temples for selling the same. Thereafter, the petitioner informed the 2nd respondent regarding the intimation by the 1st respondent. By letter dated 06.11.2009, the petitioner informed the 1st respondent regarding the steps taken by him for disposing the land owned by the petitioner. The 2nd respondent, by order dated 18.02.2010 sent a communication to the 3rd respondent regarding the guideline value of the land owned by the Temples. Thereafter, the respondents did not take any steps to pass a final order. The petitioner also approached the State Government to undertake the maintenance work of the Temple as part and parcel of SEMMOZHI MANAADU. Aggrieved by the inaction of the respondents, the petitioner has approached this court for the above relief.

4. The main contention of the learned counsel for the petitioner is that there is no function or festival in the Temple for over 40 years and the lands are not fetching any revenue. Therefore, the Temple is without funds and the petitioner has approached the competent authorities as per law and only in the interest of the Temple as directed by the respondents, he has moved this court for the above direction.

5. Mr.T.Chandrasekaran, learned Special Government Pleader, after taking notice and on instructions from the respondents, would submit that the Government is the appropriate authority to look into the matter after the 4th respondent submits a report to the 2nd respondent, the Commissioner, H.R. & C.E. Department. A proceeding has been initiated on 18.02.2010, wherein, out of 11.04 acres (i.e. 47.0 hectares) in S.Nos.575/1, 575/2, 576/1 at Arisipalayam Village, Coimbatore District, the authorities have permitted the petitioner to sell only to an extent of 2.55.0 hectares of land in the interest of the Temple and based on the said proceeding, the Commissioner has to recommend to the Government and on such recommendation, a decision may be taken at the earliest.

6. I have heard the submissions made by the learned counsel on either side and perused the materials available on record.

7. It is seen that the petitioner Temple has land of 11.04 acres (i.e. 47.0 hectares) in S.Nos.575/1, 575/2, 576/1 at Arisipalayam Village, Coimbatore District and it appears that the petitioner is the hereditary Trustee and he has made continuous efforts to see that some functions are conducted in the Temple, for which he has represented to the authorities concerned based on various proceedings and he has also approached this court for a direction to dispose of his representation. On such directions from this court, certain proceedings were initiated and it appears that on 18.02.2010, the Assistant Commissioner, the 4th respondent herein has addressed a letter to the Commissioner, H.R. & C.E. Department, recommending the petitioner that as per the provisions under Section 34 of the Act and taking note of the particulars furnished as well as the value arrived at, the Commissioner has to take a decision in respect of selling the land and if such a decision is taken, it may be placed before the Government for orders.

8. At this point of time, learned counsel for the petitioner made a plea that based on the direction of this court, if a decision is taken by the Commissioner and if the same is placed before the Government for approval, the interest of the Temple will be safeguarded. She further pleaded that if the petitioner’s representation dated 24.07.2009 is considered based on the proceedings dated 18.11.2009, then the grievance of the petitioner would be redressed.

9. In the light of the above submissions and considering the circumstances of the case and also taking note of the proceedings of the Assistant Commissioner addressed to the Commissioner, the 2nd respondent herein, on 18.02.2010, in order to meet the ends of justice, without adverting into the merits of the case, the 2nd respondent Commissioner is directed to take a decision on the petitioner’s representation dated 24.07.2009 based on the proceedings of the Assistant Commissioner, dated 18.02.2010 and pass appropriate orders in accordance with law and on merits within a period of four (4) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs. Consequently, connected M.P.No.1 of 2010 is closed.


Index		:	Yes/No
Internet	:	Yes/No						14.07.2010

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To :

1.	The Secretary,
	Government of Tamil Nadu,
	Hindu Religious and Charitable Endowment 
	   and	Administration Department,
	Chennai 600 005.

2.	The Commissioner of 
	Hindu Religious and Charitable Endowment,
	Uthamar Gandhi Salai,
	Nungambakkam,
	Chennai 600 034.

3.	The Joint Commissioner of
	   Hindu Religious and Charitable Endowment,
	Coimbatore.

4.	The Asst. Commissioner of 
	   Religious and Charitable Endowment,
	Coimbatore.	









V.DHANAPALAN,J.
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 Order in         
W.P.No.10630 of 2010














Dated:   14.07.2010