K.Adhimoolam v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2021 CORAM :
THE HON'BLE MR.SANJIB BANERJEE, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.No.15002 of 2021 K.Adhimoolam .. Petitioner Vs.
1. The District Collector Dharmapuri, Dharmapuri District.
2. The Thasildar Taluk Office. Pappireddipatti.
Dharmapuri District.
3. The Block Development Officer Block Development Office, Pappireddipatti, Dharmapuri District.
4. The Assistant Commissioner Hindu Religious and Charitable Endowments, Dharmapuri.
5. Balu
6. Shanthi .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 and 4 to take over the Ranimookanoor Village, Mariyamman Temple and its properties in Survey No. 147/6 to an extent of 2.10 acres of agricultural lands situated at Singerihalli Village, Harur Taluk, Dharmapuri District based on the petitioner's representation dated 7.1.2021. For Petitioner :
Mr.K.Thiruvengadam For Respondents :
Mr.P.Muthukumar Counsel for State for RR 1 to 4 * * * * *
ORDER
(Made by Senthilkumar Ramamoorthy, J.) The petitioner alleges that respondents 5 and 6 have encroached upon lands belonging to the Ranimookanoor Village, Mariyamman Temple at S.No.147/6, Singerihalli Village, Harur Taluk, Dharmpuri District.
2. The petitioner states that he is a resident of the Ranimookanoor Village. The petitioner admits that the lands in question are not public lands but lands owned by the Ranimookkanoor Mariyamman Temple. It is also the admitted position that the said temple is not under the jurisdiction of the Hindu Religious and Charitable Endowments Department.
3. In view of the fact that the lands in question are not public lands, the petitioner has failed to establish that this is a fit case for exercise of jurisdiction by way of public interest litigation. It is always open to the temple concerned to initiate appropriate proceedings in the event that there is encroachment on the lands owned by the said temple.
4. Mr.P.Muthukumar, learned counsel for the State, accepts notice on behalf of respondents 1 to 4 and submits that in response to a representation submitted by the petitioner, the Joint Commissioner had called upon the petitioner to appear at an inquiry, but that the petitioner had failed to appear at the said inquiry.
5. In the aforesaid facts and circumstances, the petitioner has failed to make out a case for interference by this court in exercise of the extraordinary jurisdiction under Article 226 of the Constitution.
6. Accordingly, W.P.No.15002 of 2021 is dismissed without any order as to costs. It is made clear that this order will not stand in the way of the temple concerned initiating appropriate action in respect of the alleged encroachment. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar sra
To:
1. The District Collector Dharmapuri, Dharmapuri District.
2. The Thasildar Taluk Office. Pappireddipatti.
Dharmapuri District.
3. The Block Development Officer Block Development Office, Pappireddipatti, Dharmapuri District.
4. The Assistant Commissioner Hindu Religious and Charitable Endowments, Dharmapuri.
+1cc to the Government Pleader, S.R.No.35305. W.P.No.15002 of 2021 AKII(CO) BE(29/07/2021)