Balasundaram v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.06.2025 C O R A M THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MR.JUSTICE M.JOTHIRAMAN Balasundaram ... Petitioner -vs1. The District Collector, Cuddalore, Cuddalore District - 607 001.

2. The Tahsildar Panruti, Cuddalore District - 607 001.

3. The Block Development Officer, Block Development Office, Panruti - 607 116.

4. The Panchayat President, Marunkur Village Panchayat, Marunkur - 608 703.

5. Bakthavachalam ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 1 to 4 to consider the representation of the petitioner dated 24.10.2024 and to demolish the unauthorised temple construction in the petitioner's father's 1/4

land bearing in S.No.(Old No.544/5, New No.480/19) at the extent of 1.25 cent Marunkur Post, Keezhkollai Village, Cuddalore - 607 103. For Petitioner : Mr.S.Kishore For R1 & R2 : Mr.M.Venkateswaran Spl. Govt. Pleader For R3 & R4 : Mr.P.Anand Kumar Govt. Advocate *****

O R D E R

(By J.Nisha Banu,J.) This Writ Petition has been filed for a direction to respondents 1 to 4 to consider the representation of the petitioner dated 24.10.2024 and to demolish the unauthorised temple construction in the land of the petitioner's father bearing in S.No.Old No.544/5, New No.480/19 at the extent of 1.25 cent, Marunkur Post, Keezhkollai Village, Cuddalore - 607 103.

2. Notice to R5 is dispensed with, as no adverse order is going to be passed against him.

3. It is the case of the petitioner that the land in question was owned by his father and the 5th respondent has been constructing a Temple on the said land. When it was objected to by the petitioner, the 5th 2/4

respondent along with his henchmen threatened him. On earlier occasion, he made a representation dated 12.11.2023 to the 1st respondent, which was forwarded to the Kadampuliyur Police Station for action. Though the petitioner appeared before the Police for enquiry, there was no action taken thereafter. Subsequently, he sent another representation dated 24.10.2024 to the respondents 1 to 4 for taking action against R5, which did not evoke any response. Hence, the petitioner is before this Court.

4. Heard the learned counsel for the respective parties.

5. Considering the facts and circumstances of the case, the petitioner is directed to make a fresh representation to the 1st respondent, by enclosing a copy of this order and the previous representation dated 24.10.2024, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the fresh representation, the 1st respondent is directed to consider the representation of the petitioner, by giving an opportunity of personal hearing to the petitioner, R5 and other interested parties J.NISHA BANU, J.

3/4

AND M.JOTHIRAMAN , J.

ar concerned and pass appropriate orders thereon in accordance with law within a period of eight weeks thereafter.

6. With the above direction, this Writ Petition is disposed of. No costs.

(J.N.B.J.,) (M.J.R,J.,) 13.06.2025 Index: Yes / No Internet: Yes / No ar To:

1. The District Collector, Cuddalore, Cuddalore District - 607 001.

2. The Tahsildar Panruti, Cuddalore District - 607 001.

3. The Block Development Officer, Block Development Office, Panruti - 607 116.

4. The Panchayat President, Marunkur Village Panchayat, Marunkur - 608 703.

4/4