T.H.Bhojan, v. The Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.06.2026

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.8401 of 2021 T.H.Bhojan ... Petitioner Vs.

1.The Collector Collectorate Office, Nilgiris Ootacamund.

2.Sub Collector Collectorate Office, Nilgiris Ootacamund.

3.Tahsildar Collectorate Office, Nilgiris Ootacamund.

4.T.R.Raman ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, call for the records of the impugned order in Na.Ka.No.3/938/2020 dated 09.02.2021 passed by the second respondent, quash the same.

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For Petitioner : Mr.Ananth for Mr.M.V.Venkataseshan For Respondents : Mr.C.Prabakaran for R1 to R3 Government Counsel Ms.S.S.Jothivani for R4

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Certiorari to call for the records of the order in Na.Ka.No. 3/938/2020 dated 09.02.2021 passed by the second respondent and to quash the same.

2.The learned counsel appearing for the petitioner submitted that the petitioner is the resident of Thuneri Village of Nilgiris and is the worshiper of Shiva Temple in S.No.433/1 of the said Village, known in their Gouder language as Hariyottaya Temple. Adjacent to the said Temple there is vacant Natham land and in the said land, the villagers constructed a podium for performance of Temple rituals as well as playing social drama and community festivals during the function times of the Temple. The house of the father - in - law of the fourth respondent is situated behind the Temple, however, the fourth respondent claiming that he is an occupant of the house, made 2/5

complaint to the second respondent as if the Villagers objected the ingress and egress to the property and the second respondent passed the impugned order under Section 133 of Cr.P.C. directing the third respondent to remove the podium constructed by the Villagers, which is not sustainable one.

3.The learned counsel appearing for the fourth respondent submitted that in front of the fourth respondent's residential area, the petitioner and other residents of Thuneri Village constructed the wall and drama stage preventing the ingress and egress to the fourth respondent's residence and hence the fourth respondent made complaint before the second respondent and hence, the impugned order was passed by the second respondent which warrants no interference.

4.Heard both sides and perused the materials available on record.

5.Perusal of records reveal that in front of the fourth respondent's residential area, the petitioner and other residents of Thuneri Village have constructed the wall and stage for using the same 3/5

to play drama during festival times, preventing the ingress and egress to the fourth respondent's residence and hence the fourth respondent made complaint before the second respondent, pursuant to which, the impugned order was passed by the second respondent, which warrants no interference.

6.The writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed.

03.06.2026 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No To 1.The Collector Collectorate Office, Nilgiris Ootacamund.

2.Sub Collector Collectorate Office, Nilgiris Ootacamund.

3.Tahsildar Collectorate Office, Nilgiris Ootacamund.

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M.DHANDAPANI,J.

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