Madras High CourtWP/14211/2015dismissed

Teachers Welfare Trust, v. The District Collector,

2023-01-25Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2023

CORAM:

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.

14211 of and M.P.Nos.

1 & 2 of Teachers Welfare Trust, Mettupalayam, Rep. by its Trustees.

1. T.Eswaran

2. D.James Nambikai Nathan

3. A.Prabakaran .. Petitioners Vs.

1. The District Collector, Collectorate Office, Coimbatore - 641 018.

2. Block Development Officer, Karamadai Panchayat Union, Karamadai - 641 104, Mettupalayam Taluk.

3. Sikkadasampalayam Panchayat Board, by its President, Sikkadasampalayam Panchayat Office, Sirumugai Road, Mettupalayam - 641 301.

.. Respondents Prayer : Writ Petition has been filed under Article 226 of the Constitution of India seeking a Writ of Mandamus forbearing the respondents 1 to 3 in any manner from interfering with the peaceful possession and enjoyment of the 1/4

petitioners lands situate in S.F.No.199/B3, S.F.No.198/2, measuring the extent of 0.291/2 cents & 0.77 cents respectively situated within Sikkadasampalayam Village of Mettupalayam Taluk, in Coimbatore District except under due process of law.

For Petitioner : Mr.S.Mukunth for M/s.Sarvabhauman Asso.

For Respondent 1 : Mrs.R.Anitha Special Government Pleader For Respondents 2 & 3 : No appearance - - - - -

O R D E R

This writ petition has been filed seeking to forbear the respondents from interfering with the petitioner's property and put up any construction.

2. The learned counsel appearing for the petitioners would submit that now the Temple has already been constructed.

3. The learned Special Government Pleader also submitted that the Temple has been constructed long back.

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4. The writ petition has been filed only for restraining the respondents from putting up any construction. As the Temple has already been constructed, nothing survives for adjudication in this writ petition. It is well open to the petitioners to establish their rights before a Civil Court. Such view of the matter, this writ petition is dismissed. Consequently, the connected miscellaneous petitions are closed. No costs. 25.01.2023 Index : Yes / No : Yes / No kk To

1. The District Collector, Collectorate Office, Coimbatore - 641 018.

2. Block Development Officer, Karamadai Panchayat Union, Karamadai - 641 104, Mettupalayam Taluk.

3. The President, Sikkadasampalayam Panchayat Board, Sikkadasampalayam Panchayat Office, Sirumugai Road, Mettupalayam - 641 301.

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N.SATHISH KUMAR, J.

kk W.P.No.14211 of 2015 and M.P.Nos.1 & 2 of 2015 25.01.2023 4/4