D.Babu v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.03.2024

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE K.RAJASEKAR Mr.D.Babu ... Petitioner Vs.

1. The District Collector, Vellore District, Vellore.

2. The Tahsildar, Office of the District Collector Office, Vellore District.

3. The Commissioner, Hindu Religious and Charitable Endowments Board, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

4. The Superintendent of Police, Vellore, Vellore District.

5. Venkatesan

6. The Commissioner, Vellore Corporation,

Kosapet, Vellore - 632 001.

... Respondent [R6 impleaded vide order dated 21.02.2024 made in W.M.P.No.22788 of 2019] Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1 to 4th respondents to remove the self styled Siva Sakthi Vinayagar/ Sri Rajeshwari Amman Temple situated on the eastern side of the petitioner's property at No. 10, Marakadai Kanthappa Mudaliyar Street, Velappadi, Vellore Town, Vellore 632001 as claimed by the petitioner in his petition dated 03.12.2018 submitted the 1st respondent in a time bound period.

For Petitioner : Mr.K.Mohanamurali.K For R1, R2 & R4 : Mr.A.Selvendran, Special Government Pleader For R3 : Mr.N.R.R.Arun Natarajan, Special Government Pleader, HR & CE For R5 : Mr.Vikram Veenasamy For R6 : Mrs.P.Shanthi, Standing Counsel

O R D E R

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The learned counsel appearing on behalf of the 6th respondent /Vellore Corporation made a submission that the encroachments have been removed in part. However, the remaining encroachments will be removed by the competent authorities of the Vellore Municipality Corporation within a period of six weeks from today. In view of the said undertaking that all the encroachments will be removed, no further consideration is required. The respondents are directed to remove all the encroachments, as per their own

undertaking within a period of six weeks from the date of receipt of a copy of this order. The 5th respondent is at liberty to submit his objections along with the documents, if any, to the authorities of the Vellore City Municipal Corporation within a period of 10 days from today. In the event of submitting any such objection, the same also is to be looked into by the authorities.

2. Accordingly, the Writ Petition stands dismissed. Consequently, the connected Miscellaneous Petition is closed. No costs. (S.M.S.,J.) (K.R.S.,J.) 20.03.2024 skr Index : Yes Speaking order To

1. The District Collector, Vellore District, Vellore.

2. The Tahsildar,Office of the District Collector Office, Vellore District.

3. The Commissioner, Hindu Religious and Charitable Endowments Board, 119, Uthamar Gandhi Salai,Nungambakkam,

Chennai - 600 034.

4. The Superintendent of Police, Vellore, Vellore District.

5. The Commissioner,Vellore Corporation, Kosapet, Vellore - 632 001.

S.M.SUBRAMANIAM, J.

and K.RAJASEKAR, J.

skr 20.03.2024