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Madras High CourtWP/32866/2022dismissed

R.Jothi v. The State Of Tamilnadu

2022-12-07Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :07.12.2022

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR W .P.No.32866 of 2022 R.Jothi ... Petitioner Vs.

1.The State of Tamilnadu Rep. by its secretary to Government Religious Endowment Department Fort St. George Secretariat, Chennai 600 009 2.The Commissioner No.119, Uthamar Gandhi Salai Nungambakkam, Chennai 600 034 3.The Joint Commissioner Vellore, Vellore District - 9 4.The Assistant Commissioner Thiruvallur, Thiruvallur District Page No.1 of 6

5.The Executive officer Arulmigu Varadha Raja Perumal / Arul Migu Aagambaranadhar Tirukoil Minjur, Thiruvallur District 601 203 6.The Revenue Divisional Officer Ponneri, Thiruvallur District 7.The Thasildar Ponneri Taluk Office Ponneri, Thiruvallur District 8.The Inspector of Police Minjur Police Station Minjur, Thiruvallur District 601203 9.D.S.Balachandra Babu 10.T.Shek Ahamed (Roja Fancy Store) No.191, New No.390/1 T.H.Road, Minjur, Thiruvallur District 601203 11.D.V.S.Higher Secondary School Rep. by its Correspondent Mr.D.S.Balachandra Babu T.H.Road, Minjur, Thiruvallur District 601203 12.Mani Talkies Rep. by its proprietor Mr.D.S.Balachandra Babu T.H.Road, Minjur, Thiruvallur District 601203 ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus, to direct the 1st to 5th Page No.2 of 6

respondents to consider and thereby disposing the representation made by petitioner on 04.02.2020, 20.03.2020 and 17.07.2020 for to restore back to the petitioner premises occupied by him prior to his forceful eviction on November 2019 respect to the property belongs to Arulmigu Aagambaranatharar Tirukoil and Kamatchi Amman Tirukoil, survey Nos.205/3A, 205/2A, 208, 205/23B1, 205/3B1, 207/5B, 213/3A1, Minjur, Thiruvallur District.

For Petitioner : Mr.K.Yuvaraj For Respondents : Mr.N.R.R.Arun Natarajan Special Govt. Pleader (HR&CE) For R1 to R8

O R D E R

The Writ Petition is filed under Article 226 of Constitution of India praying for issuance of Writ of Mandamus, to direct the 1st to 5th respondents to consider and thereby disposing the representation made by petitioner on 04.02.2020, 20.03.2020 and 17.07.2020 for to restore back to the petitioner premises occupied by him prior to his forceful eviction on November 2019 respect to the property belongs to Arulmigu Aagambaranatharar Tirukoil and Kamatchi Amman Tirukoil, survey Page No.3 of 6

Nos.205/3A, 205/2A, 208, 205/23B1, 205/3B1, 207/5B, 213/3A1, Minjur, Thiruvallur District.

2.It is the contention of the learned counsel for the petitioner that the petitioner was in possession of the temple property from his father's period from 1968 and continued his business till September 2018, however, some third parties have evicted him forcibly. Now, the respondent No. 9, 10, 11 and 12 have encroached the said portion and constructed shops, school, cinema theatre etc., Thereby, several representations have been given by the petitioner to measure the property and to restore the petitioner in the said premises. However, the same was not considered by the authorities. Hence the petition. 3.Mr.N.R.R.Arun Natarajan, the learned Special Government Pleader takes notice for the respondents 1 to 8. On instructions he submitted that the property cited by the petitioner is a private property and it has no connection with the temple property. Revenue records to that effect is also placed before this Court. Page No.4 of 6

4.Such view of the matter, this Writ Petition stands dismissed. If the petitioner wants to pursue his remedy, it is for him to establish the same before the Civil Court and not by way of filing Writ Petition. No costs.

07.12.2022 kas Index : yes / no Internet : yes / no Speaking / Non speaking To 1.Secretary to Government The State of Tamilnadu Religious Endowment Department Fort St. George Secretariat, Chennai 600 009 2.The Commissioner No.119, Uthamar Gandhi Salai Nungambakkam, Chennai 600 034 3.The Joint Commissioner Vellore, Vellore District - 9 4.The Assistant Commissioner Thiruvallur, Thiruvallur District Page No.5 of 6

N.SATHISH KUMAR, J.

kas 5.The Executive officer Arulmigu Varadha Raja Perumal / Arul Migu Aagambaranadhar Tirukoil Minjur, Thiruvallur District 601 203 6.The Revenue Divisional Officer Ponneri, Thiruvallur District 7.The Thasildar Ponneri Taluk Office Ponneri, Thiruvallur District 8.The Inspector of Police Minjur Police Station Minjur, Thiruvallur District 601203 W .P.No.32866 of 2022 07.12.2022 Page No.6 of 6