Madras High CourtWP/409/2024disposed of

Loganathan v. The District Collector,

2024-01-09Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Loganathan .. Petitioner vs 1.The District Collector, District Collector Office, Thiruvarur District.

2.The Tahsildar, Mannarkudi, Thiruvarur District.

3.The Commissioner, Hindu Religious and Charitable Endowments Department, Nungambakkam High Road, Chennai-600 034.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Thiruvarur-610 001.

5.The Executive Officer, Arulmigu Kothavalli Iyyanar Vagayara Temple, Moovanallur Village, Mannarkudi Taluk, Thiruvarur District.

6.The Village Panchayat President, Moovanallur Village, Mannarkudi Taluk, Thiruvarur District.

7.The Senior Regional Manager, Thiruvarur Region, Tamil Nadu Civil Supplies Corporation, Mannargudi Road, Vilamal, Thiruvarur District.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the fifth respondent to take appropriate action based on the letter sent by the fourth respondent vide his letter in Na.Ka.No.4877/2023/E2 dated 19.10.2023 and further direct the respondents 3 to 5 to consider the petitioner's representation dated 22.8.2023 and a resolution dated 15.8.2023 passed by the sixth respondent and thereby cancel the agreement entered by them, which is permitting the seventh respondent to set up paddy storage godown in the land belongs to 'Arulmigu Kothavalli Iyyanar Vagayara Temple' which is situated at Moovanallur Village, Mannarkudi Taluk, Thiruvarur District.

For the Petitioner : Mr.M.Vijayaragavan For the Respondents : Mr.C.Kathiravan Spl. Government Pleader for respondents 1, 2 and 6

: Mr.N.R.R.Arun Natarajan Spl. G.P. (HR & CE) for respondents 3 and 4 : Mr.C.Selvaraj Addl. Government Pleader for respondent No.7

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.M.Vijayaragavan, learned counsel for the petitioner; Mr.C.Kathiravan, learned Special Government Pleader for respondents 1, 2 and 6; Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) for respondents 3 and 4; and, Mr.C.Selvaraj, learned Additional Government Pleader for respondent No.7.

2. Learned counsel for the petitioner submits that respondent No.7 is now constructing the paddy storage godown in the temple land. Though it is temple land, it is in forest area.

3. None of the documents placed on record suggest that the

land in question is a forest land. The land is given on lease. The lease rent is also fixed by the HR & CE Department at Rs.59,250/- per month.

4. Learned Special Government Pleader (HR & CE) submits that no trees would be cut on the said land while constructing the paddy storage godown. It is further submitted that the said area is known for paddy cultivation and there is no facility for paddy storage. As such, respondent No.7 is setting up the paddy storage godown.

5. In the light of the above, we do not find any merit in the present writ petition. The writ petition is dismissed. There shall be no order as to costs. Consequently, W.M.P.No.444 of 2024 is closed.

(S.V.G., CJ.) (D.B.C., J.) 09.01.2024 Index :

Yes/No Yes/No

bbr To 1.The District Collector, District Collector Office, Thiruvarur District.