A.Ayyandurai v. The Secretary To Government

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.06.2022 CORAM :

THE HON'BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE AND THE HON'BLE MRS.JUSTICE N.MALA W.P.No.14429 of 2022 A.Ayyandurai .. Petitioner Vs 1 The Secretary to Government Government Land Administration Secretariat Chennai - 09.

2 The District Collector Salem District, Salem.

3 The Sub Collector Mettur Dam-1 Mettur Taluk, Salem District.

4 The Tashildar Mettur Dam-1 Mettur Taluk, Salem District.

5 The Commissioner Panchayath Union Office Mecheri, Mettur Taluk Salem District.

6 The Chairman Panchayath Office M.N.Patti Village Mettur Taluk, Salem District.

7 R.Ayyammal 8 M.Alamelu .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus to direct respondents 1 to 6 to remove the encroachment in survey No.29/8A, M.N.Patty Village, Mettur Taluk, Salem District by considering the petitioner's representation dated 29.03.2022.

For the Petitioner : Mr.G.Punniakoti For the Respondents : Mr.J.Ravindran Additional Advocate General assisted by Mr.A.Selvendran Special Government Pleader for respondents 1 to 5

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The writ petition has been filed to seek a direction on the respondents 1 to 6 to remove the encroachment made by respondents 7 and 8 on the land belonging to the temple.

2. The petitioner has failed to show his locus to seek a direction for removal of encroachment on the land belonging to the temple. If at all anybody can be aggrieved by the encroachment on the land, it is the temple. The present petition though not a public interest litigation, the locus becomes relevant and the petitioner has failed to show his locus standi to maintain the writ petition alleging encroachment by the private respondents on the land belonging to the temple.

3. We do not find the petition to be maintainable and, accordingly, it is dismissed. There will be no order as to costs.

Sd/- Assistant Registrar(CS VIII) //True Copy// Sub Assistant Registrar AP/bbr To:

1 The Secretary to Government Government Land Administration Secretariat Chennai - 09.

2 The District Collector Salem District, Salem.

3 The Sub Collector Mettur Dam-1 Mettur Taluk, Salem District.

4 The Tashildar Mettur Dam-1 Mettur Taluk, Salem District.

5 The Commissioner Panchayath Union Office Mecheri, Mettur Taluk Salem District.

+1cc to Mr.G.Punniakoti, Advocate, S.R.No.36485 +1 cc to to the Government Pleader, Sr.No.37156 W.P.No.14429 of 2022 JPL[co] NSK/27/06/2022