Rasan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 18.03.2015

CORAM

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MR.JUSTICE M.M.SUNDRESH W.P.No.12297 of 2011 and M.P.No.1 of 2011 Rasan .. Petitioner -vsThe District Collector, Tiruppur District, Tiruppur.

.. Respondent Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to forbear the respondent from demolishing the temple situated in S.No.117/1 and 118/1, Edayapalayam Village, Avinashi Taluk, Tiruppur District, unless due process of law. For Petitioner : Mr.P.Venugopal for Mr.C.Prakasam For Respondent : Mr.S.T.S.Moorthy Govt. Pleader

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner seeks to forbear the respondents from demolishing the temple situated in S.Nos. 117/1 and 118/1, Edayapalayam Village, Avinashi Taluk, Tiruppur District, without due process of law. The temple is alleged to be existing for the last 50 years.

2.No counter-affidavit has been filed.

There is no verification of the averments made in the petition by the respondent. 3.We are of the view that the petition be disposed of with a direction to the respondent that if any action is sought to be taken against the existence of the temple, the same should be in accordance with law, after notice to all concerned.

4.Writ Petition, accordingly, stands disposed of. No costs. Consequently, M.P.No.1 of 2011 stands closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sra

To The District Collector, Tiruppur District, Tiruppur.

+ 1 cc to Mr.C. Prakasam, Advocate SR.15713 + 1 cc Government Pleader Sr.15434 SR(CO) EU 07.04.2015 W.P.No.12297 of 2011