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Madras High CourtWP/9085/2024disposed of

G.Mohan v. The District Collector

2024-04-04Honourable The Chief Justice,Honourable Mr Justice J.Sathya Narayana Prasad4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04.04.2024

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD G.Mohan : Petitioner versus 1.The District Collector, Ranipet District 632 401 2.The District Revenue Officer, Ranipet District 632 401 3.The Revenue Divisional Officer, Ranipet Revenue Division, Ranipet District 632 401 4.The Tahsildar, Wallaja Taluk, Wallaja, Ranipet District 632 401 5.The Block Development Officer, (Village Panchayats) Wallaja Panchayat Union, Wallaja Taluk, Ranipet District 632 401 6.The President, Kondakuppam Village Panchayat, Kondakuppam Villae, Wallaja Taluk, Ranipet District 632 401 : Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 6 to consider the representation of the petitioner dated 22.08.2023 and remove the encroachment and illegal construction of the respondents from the land in S.Nos.320/1 and 320/2 measuring total extent of Hec.0.32.00 ares in Patta No.687 at Kondakuppam Village, Wallaja taluk, Ranipet District belonging to the Mariamman Temple at Kondakuppam Village and handover the same to the temple within a time-frame.

For Petitioner :

Mr.M.Ramamoorthi For Respondents 1 to 4 :

Mr.A.Edwin Prabhakar, State Government Pleader assisted by Mr.T.K.Saravanan, Govt Advocate For Respondent No.5 :

Mr.A.Anandan, Government Advocate

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.Ramamoorthi, learned counsel for the petitioner, Mr.A.Edwin Prabhakar, learned State Government Pleader for respondents 1 to 4 and Mr.A.Anandan, learned Government Advocate for the fifth respondent.

2. The petitioner seeks directions against the official respondents to remove the encroachments put up by the fifth respondent in temple lands.

3. There are rival contentions. According to the learned counsel for the petitioner, on a temple land, panchayat office has been constructed; whereas, according to the learned State Government Pleader, it was the request of the

villagers and the temple authorities to construct the panchayat office at the subject site.

4. Be that as it may; a representation dated 22.08.2023 has been given to the District Collector. The respondent authorities may consider the said representation and take a decision in accordance with law and on its own merits, expeditiously, preferably within a period of six months from today.

5. The writ petition is disposed of. There shall be no order as to costs. (S.V.G., CJ.) (J.S.N.P., J.) 04.04.2024 Index : Yes/No : Yes/No tar To 1.The District Collector, Ranipet District 632 401 2.The District Revenue Officer, Ranipet District 632 401 3.The Revenue Divisional Officer, Ranipet Revenue Division, Ranipet District 632 401 4.The Tahsildar, Wallaja Taluk, Ranipet District 632 401

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

(tar) 5.The Block Development Officer, Wallaja Panchayat Union, Wallaja Taluk, Ranipet District 632 401 6.The President, Kondakuppam Village Panchayat, Wallaja Taluk, Ranipet District 632 401 04.04.2024