The Deity Of Kamachi Amman Temple v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.07.2025
CORAM
THE HONOURABLE MR.JUSTICE M.SUNDAR and THE HONOURABLE MR.JUSTICE HEMANT CHANDANGOUDAR and W.M.P.No.12171 of 2022 The Deity of Kamachi Amman Temple Represented by Member of Renovation Committee R.Kathiresan ... Petitioner vs.
1.
The District Collector Villupuram District Villupuram - 605 602.
2.
The Thasildar Vikravandi Taluk Vikravandi - 605 652.
3.
The Block Development Officer Kanai Panchayat Union, Kanai - 605 301, Vikravandi Taluk, Villupuram District.
... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking a writ of Certiorari, to call for the records of the third respondent Page Nos.1/10
herein pertaining to the impugned order Na.Ka.No.Aa2/3765/2017 dated 22.04.2022 and quash the same.
For Petitioner :
Mr.G.Purushothaman For Respondents :
Mr.T.K.Saravanan Additional Government Pleader for R1 & R2 Mr.K.Suresh Government Advocate, for R3 *****
O R D E R
[Order of the Court was made by M. SUNDAR, J.] When the matter was taken up, learned State counsel fairly submitted that the captioned matter is directly and squarely covered by C.Sivanandam case i.e., order dated 26.03.2025 in W.P.No.27887 of 2022 and WMP thereat to which one of us (M.SUNDAR.,J.) was a party and the same reads as follows:
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2. In the case on hand, the impugned order dated 22.04.2022 under Section 6 of 'the Tamil Nadu Land Encroachment Act, 1905 (Tamil Nadu Act III of 1905)' {hereinafter 'said 1905 Act' for the sake of brevity} has been made by R3 [Block Development Officer, Kanai Panchayat Union]. The impugned order was preceded by a notice under Section 7 being notice dated 23.03.2022 and the same has been issued by R3. Paragraphs 5 to 7 of C. Sivanandam's case are relevant.
3. Applying C. Sivanandam principle, captioned WP stands allowed, the impugned order dated 22.04.2022 and the notice preceding the same dated 23.03.2022 are set aside preserving all the rights and contentions of the State to commence proceedings afresh by a competent authority. It is made clear that if such proceedings are commenced, all rights and contentions of writ petitioner also will stand preserved. Consequently, captioned WMP is closed. There shall be no order as to costs. (M.S.J.,) (H.C.J.,) 18.07.2025 Index : Yes / No Speaking / Non-speaking order mk Page Nos.9/10
M.SUNDAR, J., and HEMANT CHANDANGOUDAR, J., mk To 1.
The District Collector Villupuram District Villupuram - 605 602.
2.
The Thasildar Vikravandi Taluk Vikravandi - 605 652.
3.
The Block Development Officer Kanai Panchayat Union, Kanai - 605 301, Vikravandi Taluk, Villupuram District.
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