C.Narayanan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.07.2021 CORAM :
THE HON'BLE MR.JUSTICE N.KIRUBAKARAN and THE HON'BLE MRS.JUSTICE T.V.THAMILSELVI W.P.No.3261 of 2020 C.Narayanan
...Petitioner
Vs.
1.The District Collector, Kallakurichi District, Kallakurichi.
2.The Commissioner, Hindu Religious Charitable Endowment Department, Nungambakkam, Chennai.
3.The Assistant Commissioner, Hindu Religious Charitable Endowment Department, Villupuram.
4.The Tahsildar, Ullundurpet Taluk, Ullundurpet.
5.Srinivasan 6.Venkatesan 7.Marimuthu 8.Palani 9.Sahadevan 10.Dhandapani 11.Perumal 12.Muthusamy 13.Kesavan 14.Kuppayee 15.Mrs.Thailammal
...Respondents
(Suo Moto impleaded vide order dated 22/04/2021 by NKKJ & TVTSJ) PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of mandamus, directing the Respondents 1 to 4 to take necessary
action against the encroachers and to remove the encroachment in the temple land in S.No.351/4 and S.No.351/5 measuring an extent of 10.5 cents, Pugaipatti Village, Ulundurpet Taluk, Kallakurichi District within a stipulated time. For Petitioner : Mrs.Nageswari for Mr.N.Naganathan.
For Respondents : Mrs.R.Anitha, State Government Counsel for R1 to R4.
Mr.K.Balu for R15.
Mr.Durai Arun for R5 to R14.
O R D E R
(Order of the Court was delivered by N.KIRUBAKARAN, J) The matter has been heard through "Video Conference". 2.The Petitioner contends that the property comprised in S.No.351/4 and S.No.351/5 measuring to an extent of 10.5 cents in Pugaipatti Village, Ulundurpet Taluk, Kallakurichi District has been encroached upon by Private Respondents and in spite of the representation given by the Petitioner, no action has been taken. Hence, the Petitioner has come before this Court.
3.Heard Mrs.Nageswari, Learned Counsel for the Petitioner, Mrs.R.Anitha, Learned State Government Counsel for Respondents 1 to 4, Mr.K.Balu, Learned Counsel for Fifteenth Respondent and Mr.Durai Arun, Learned Counsel for Respondents 5 to 14.
4.It is reported by the Learned State Government Counsel appearing for Respondents 1 to 4 that the property comprised in S.No.351/4 is a temple property and no encroachment has been found whereas S.No.351/5 is a Natham Poromboke land and the same has been encroached upon by private parties. Further, it is submitted that the Fifteenth Respondent has already granted patta vide Patta No.1281 in respect of the property in S.No.351/8 by subdividing S.Nos.351/4 or 351/5 measuring to an extent of 0.56 sq.m. Since the Private Respondents who entered appearance, has not contested the matter, if it is found that Private Respondents are encroached upon the property comprised in S.No.
351/5, the official Respondents are directed to take action to remove the encroachment after following due process of law and after issuing notice to the Petitioner, private respondents and parties concerned and after hearing them, except the Fifteenth Respondent as she has already been granted patta and therefore, she cannot be considered as encroacher. 5.It is made clear that if Fifteenth Respondent has encroached upon the property other than the extent to which she has been given patta, she can also be proceeded against.
6.With the above directions, this Writ Petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-III) //True Copy// Sub Assistant Registrar ay To 1.The District Collector, Kallakurichi District, Kallakurichi.
2.The Commissioner, Hindu Religious Charitable Endowment Department, Nungambakkam, Chennai.
3.The Assistant Commissioner, Hindu Religious Charitable Endowment Department, Villupuram.
4.The Tahsildar, Ullundurpet Taluk, Ullundurpet.
+1cc to M/s.N.Naganathan, Advocate, S.R.No.34929 +1cc to M/s.K.Balu, Advocate, S.R.No.34612 +1cc to the Special Government Pleader (HR & CE), S.R.No.35368 W.P.No.3261 of 2020 AJS(CO) RVM(23/08/2021)