S.Sadhasivam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.04.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD S.Sadhasivam ..

Petitioner Vs.

1. The District Collector Collectorate Buildings, Tiruppur.

2. The Tahsildar Office of the Tahsildar Palladam Taluk, Tiruppur District.

3. The Panchayat President Malayampalayam Ganapathipalayam Village Tiruppur District.

4. Mariyamman Temple Rep. by its Trustees Malayampalayam, Ganapathipalayam Village Palladam Taluk, Tiruppur District.

[R4 impleaded vide order dated 20.03.2023 in W.M.P.No.4668 of 2023 in W.P.No.3447 of 2023] ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the 1 to 3 respondents to consider the representation of the petitioner dated 19.12.2022 and 03.01.2023 for removal of encroachment and illegal construction being made by the 4th respondent in S.No.672 (Old S.F.No.262B) to an extent of 6300 Sq meters situated in Malayampalayam, Ganapathipalayam Village, Palladam Taluk, Tiruppur District and also to take necessary steps to protect and recover temple properties. For the Petitioner :

Mr.N.Umapathi For the Respondents :

Mr.K.Karthik Jegannath Government Advocate for R1 and R2 Mr.Sam Jeya Raj Houston for M/s.Sarabhauman Associates for R3

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.N.Umapathi, learned counsel for the petitioner, Mr.K.Karthik Jegannath, learned Government Advocate for respondents 1 and 2 and Mr.Sam Jeya Raj Houston, learned counsel appearing for M/s.Sarabhauman Associates for respondent 3.

2. Learned Government Advocate submits that the Milk Society

has made a construction in the Government poromboke natham land and not on the temple land, whereas, the contention of the petitioner is that the construction is made in the temple land.

3. The relief sought herein is to decide the representation filed by the petitioner and the same, it appears, to have been rejected on 16.08.2023. A copy of the same is also now furnished to the petitioner. It is for the petitioner to take further steps as may be permissible under law.

4. The writ petition, accordingly, stands disposed of. There shall be no orders as to costs. Consequently, W.M.P.No.3521 and 4675 of 2023 are closed.

(S.V.G., CJ.) (J.S.N.P., J.) 08.04.2024 Index :

Yes/No :

Yes/No drm

To

1. The District Collector Collectorate Buildings, Tiruppur.

2. The Tahsildar Office of the Tahsildar Palladam Taluk, Tiruppur District.

3. The Panchayat President Malayampalayam Ganapathipalayam Village Tiruppur District.

THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.

(drm) 08.04.2024