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The Madras High Court on Wednesday lashed out at Mr. Thennarasu, Joint Commissioner, Tanjavur for filing a shoddy affidavit with "cavalier" attitude and "shocking" averments in the Bhaktavatsala Perumal Temple land encroachment case.

The bench of Chief Justice Sanjib Banerjee & Justice P.D. Audikesavalu directed the Joint Commissioner to show-cause as to why appropriate action should not be taken against him for his dereliction of duty and disrespectful manner in which the affidavit  was filed by him.

Bench expressed shock at the averments in the affidavit which revealed that 206.93 acres of land belonging to the ancient Lord Vishnu temple had been identified and a "major part of it was leased out to tenants" while "some encroachers were also in possession of the land".

Taking note of the above, Court said that the affidavit which has been prepared in the most "cavalier" manner "cries out for immediate action to be taken against the Joint Commissioner, including for contempt".

"There is no indication as to who could have leased out temple land to any tenant and as to how many encroachers are in possession and what part of the temple land has been let out and what part encroached.... Indeed, the arrogance of the Joint Commissioner knows no bounds as he suggests in the last paragraph of the affidavit that the procedure contemplated in the HR & CE Act, 1959, “is cumbersome and therefore time-limit may not be fixed”," Court said.

The bench has therefore called upon the Secretary of the HR & CE Department to furnish full details as to the extent of land which is owned by temple, the measures which have been taken to retrieve the land and the particulars of tenants to whom parcels of land may have been let out, as well as the steps taken to rid the land of encroachers within a fortnight.

"The Secretary would do well to enthuse government servants in the department so that such complete lack of accountability as is revealed from the counter-affidavit filed by the Joint Commissioner here is more the exception than the rule," the court added.

The bench was hearing a Writ Petition filed by "Elephant" G. Rajendran raising issues pertaining to the assets of Bhaktavatsala Perumal Koil, Thirukannamangai in Tiruvarur District.

On August 4, Court had sought an immediate status report from the State Government as one of the allegations made in the petition was that the ancient copper plate pertaining to the temple may have gone missing.

The Joint Commissioner (Incharge) of the Hindu Religious and Charitable Endowment Department had filed an affidavit to the effect that the copper plate was very much in place.

Case Title: Elephant G. Rajendran Vs. The Secretary & 6 Ors.

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