S.Rajagopal, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.04.2024 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE J.SATHYA NARAYANA PRASAD S.Rajagopal ..
Petitioner Vs.
1. The District Collector Salem District, Salem - 636 001.
2. The Joint Commissioner of Hindu Religious and Charitable Endowments Department Kottai Mariamman Kovil Campus Salem - 636 001.
3. The Tahsildar Thalaivaasal Taluk Thalaivaasal, Salem District.
4. M.Perumal
5. Ponnusamy
6. The Fit Person Arulmigu Vadaikariyan Kovil Navkurichi Post, Thalaivasal Taluk Salem District.
..
Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the 1st Respondent herein to conduct survey and remove the encroachments on water stream poramboke land in respect of S.No.36 and extent of 15.7 Acres at Navakkurichi Village Talaivasal Taluk, Salem District based on the representations dated 28.03.2023,11.07.2023 made by the Petitioner herein in the interest of public and farmers and to direct the 2nd Respondent herein to merge and bring Arulmighu Vadakariyan @ Muthain Temple situated at Navakkurichi Village, Talaivasal Taluk, Salem District under the Control of HR and CE which is constructed on water stream and declared as Public Temple by the District Munsiff Court, Attur in O.S.No. 678/1987 on 04.09.1996. For the Petitioner : Mr.L.Muthusamy For the Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.T.K.Saravanan Government Advocate for R1 and R3 Mr.NRR.Arun Natarajan Special Government Pleader (HR & CE) for R2
ORDER
(Made by the Hon'ble Chief Justice) Heard Mr.L.Muthusamy, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader assisted by Mr.T.K.Saravanan, learned Government Advocate for respondent Nos.1 and 3 and Mr.NRR.Arun Natarajan, learned Special Government Pleader (HR & CE) for respondent No.2.
2. Encroachment is alleged on the land in S.No.36, where a temple and a stream exist.
3. Learned State Government Pleader submits that survey would be conducted within a period of four months from today and depending upon the report of the survey, if encroachment is found, action, in accordance with law, would be commenced within a period of two months thereafter. As far as the other reliefs are concerned, the petitioner may make a representation to the concerned authority, which representation shall be considered by the concerned authority on its own merits and in accordance with law preferably within a period of nine months.
4. In view of the said submissions, the writ petition, accordingly, stands disposed of. There shall be no orders as to costs. (S.V.G., CJ.) (J.S.N.P., J.) 17.04.2024 Index :
Yes/No :
Yes/No drm
To
1. The District Collector Salem District, Salem - 636 001.
2. The Joint Commissioner of Hindu Religious and Charitable Endowments Department Kottai Mariamman Kovil Campus Salem - 636 001.
3. The Tahsildar Thalaivaasal Taluk Thalaivaasal, Salem District.
THE HON'BLE CHIEF JUSTICE AND J.SATHYA NARAYANA PRASAD, J.
(drm) 17.04.2024