Madras High CourtWP/3716/2024disposed of

Mohan v. The District Collector

2024-02-19Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Mohan ..

Petitioner Vs.

1. The District Collector

2. The Tahsildar Mannargudi Taluk

3. The Revenue Inspector Kottur, Mannargudi Taluk

4. The Village Administrative Officer Kottur Thottam, Mannargudi Taluk

5. The Block Development Officer Kottur Block, Mannargudi Taluk

6. The Block Development Officer Village Panchayat, Kottur Block Mannargudi Taluk, Tiruvarur District.

7. Bala Subramaniyan

8. Kaliyaperumal

9. Durairaj

10. Rajendran ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the Respondents 1 to 6 to bring the Arasaladi pond comprised in Survey No.105/6 which is about 0.14.50 Ares and Pillaiyar Pond comprised in Survey No.113/0 which is about 0.56.00 Ares, situated at Kottur Thottam, Mannargudi tlauk, Tiruvarur District, for public usage by creating pathway and removing the encroachments thereon and its surroundings and to restore the water bodies to its original use.

For the Petitioner : Ms.S.Rithika for Mr.M.Vijaya Ragavan For the Respondents : Mr.C.Kathiravan Special Government Pleader for R1 to R4 Mr.Abishek Murthy Government Advocate for R5 and R6

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.S.Rithika, learned counsel appearing for Mr.M.Vijaya Ragavan, learned counsel for the petitioner, Mr.C.Kathiravan, learned Special Government Pleader for respondents 1 to 4 and Mr.Abishek Murthy, learned Government Advocate for respondents 5 and 6.

2. It is submitted by learned Special Government Pleader that as far as S.No.105/5 is concerned, the same is a Government Poromboke Kuttai. There is no permanent structure in the said land. The land in S.No.113 is classified as Government Poromboke Kulam and one Thiru.Durairaj has built a Veeran Kovil for his deity in the bank of the pond. On 09.11.2023, the roof and windows were removed and the villagers assured to remove the idol within a period of fifteen days.

3. It is further submitted by learned Special Government Pleader, on instructions of the Tahsildar, that if within fifteen days the idol is not shifted, then the respondents will shift the idol by following the religious sentiments.

4. The Tahsildar shall abide by his communication.

5. In light of the above, the writ petition stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 19.02.2024 Index :

Yes/No :

Yes/No drm To