Friday, December 28, 2018

Remove trespassers from Cuddalore temple property in 2 months: 

Madras HC

DECCAN CHRONICLE.

PublishedDec 27, 2018, 1:40 am IST

This order was passed on March 2, 2017. For more than one and half years, there was no action on the part of any one.



Madras high court

Chennai: The Madras high court has directed the commissioner of Chidambaram municipality to take immediate steps to remove the illegal encroachments from the property belonging to the Guru Namasivaya Moorthy Mutt/Temple, with the help of the Superintendent of Police, Cuddalore district.

Justice N. Anand Venkatesh gave the directive while disposing of a petition from V. Vanchinathan, a retired post master and a devotee of the Guru Namasivaya Moorthy Mutt/Temple.

Senior counsel K. Doraisamy representing Muthumani Doraisamy, the counsel for the petitioner submitted that the trustee of the temple had approached this court and filed a petition, seeking a direction to the Commissioner of Chidambaram municipality to implement the order of the tahsildar, Chidambaram taluk for the purpose of removal of the encroachments. This court, after considering the materials placed on record, came to the conclusion that the trustee of the temple, has to approach the tahsildar of Chidambaram taluk and the police authorities in order to take steps to remove the encroachment. By giving such liberty the petition was disposed of. However, there was no action taken thereafter. Since no one was taking interest in recovering the property belonging to the temple, the petitioner being the devotee has approached this court seeking appropriate direction, Doraisamy added.

The judge said it was seen from the records that the tahsildar, Chidambaram has already taken cognisance of the illegal encroachments in the temple land and had also passed an order directing the Chidambaram municipality to remove the encroachment. Since no action was taken, the trustee of the temple has also approached this court and this court gave liberty to the trustee to again approach the tahsildar and also seek for police protection for the removal of the encroachments. This order was passed on March 2, 2017. For more than one and half years, there was no action on the part of any one. Therefore, a devotee has approached this court, the judge added.

The judge said in the facts and circumstances of the case, the petitioner shall bring to the notice of the Executive Officer of the Mutt/Temple about the orders passed by this court. The Executive Officer of the Mutt/Temple shall make a fresh representation to the Commissioner of Chidambaram Municipality and Superintendent of Police, Cuddalore, bringing to their notice the earlier proceedings of the tahsildar dated December 12, 2016 and December 18, 2016 and also the orders passed by the court. Immediately on receipt of the representation the Commissioner of Chidambaram Municipality shall take immediate steps to remove the illegal encroachments with the help of the Superintendent of Police, Cuddalore, within 2 months, the judge added.

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