Palaniappan v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.12.2023

CORAM:

THE HONOURABLE MR. JUSTICE S. VAIDYANATHAN and THE HONOURABLE MR. JUSTICE K.RAJASEKAR W.P. No.14881 of 2019 & W.M.P. Nos.14866 & 23973 of 2019 Palaniappan Petitioner v The District Collector Office of the District Collector Salem District Salem The Tahsildar Office of the Tahsildar Mettur Taluk Mettur Dam 636 401 Salem District The Block Development Officer Kolathur Panchayat Union Kolathur 636 303 Mettur Taluk Salem District Saravanan Rajamanickam Singaravel Sakthivel Dhanalakshmi 1/8

M. Mageshwari V. Jeyanthi R. Latha R. Uma Mageshwari R. Naveena S. Sathya S. Seetha S. Megala M. Mathammal K. Kaliammal @ Ammayi K. Kunjammal B. Vasanthi S. Bhuvaneshwari M. Amala N. Sithra S. Saththiya Priya T. Uma Senbagavalli V. Rajesh Kumar N. Ramakrishnan I. Lakshmi 2/8

I. Sambooranam T. Bhakkiyam V. Loganayagi A. Janagi T. Pazhaniammal S. Velmurugan M. Pazhanisamy N. Murugan M. Gopal K. Iyanar K. Nataraj K. Pazhanisamy M. Samburnam K. Silambarasan T. Magalingam A. Raman K. Kaveri N. Kalaiselvi N. Sanmugasundaram Respondents (RR 9 - 48 impleaded as per order dated 19.08.2019 made in W.M.P. No.23973 of 2019) 3/8

Writ Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus directing the respondents 1 to 3 to stop construction of the temple which is made by making encroaching the public well situated at Navapatti Panchayat comprised in Government poramboke land in S.No.307/18, Mathaiyankuttai, Mettur Taluk, Salem District and closing the pathway which is near the Senbagavalli Mariammam Temple and make the public well and pathway for use by general public based on the petitioner's representation dated 24.04.2019.

For petitioner Mr. M. Senthilkumar For RR 1 to 3 Mr. A. Selvendran Special Government Pleader For RR 4 to 48 Mr. C. Rajaguru - - - - -

ORDER

(made by K. RAJASEKAR, J.) The petitioner seeks a writ of mandamus directing the official respondents to stop the construction of the temple by encroaching the public well in S.No.307/18, Mathaiyankuttai, Navapatti Panchayat, Mettur Taluk, Salem District and by closing the pathway near Senbagavalli Mariammam Temple, and make the said public well and pathway usable by general public, based on the petitioner's representation dated 24.04.2019. The sum and substance of the argument of the learned counsel for 4/8

the petitioner is that originally, the temple in question was only small in size, but, by passage of time, the adjoining natham land is also used for making additions to the temple by the private respondents and hence, the present writ petition seeking the above relief.

However, the learned counsel for the private respondents contended that the temple in question has been in existence for quite a long number of years, which is reflected in the rough sketch filed in the typed set of papers and hence, this writ petition is liable to be dismissed. Mr. A. Selvendran, learned Special Government Pleader, submitted that the temple in question is in natham land only and the public pathway is not encroached, as alleged by the petitioner. In short, the learned Special Government Pleader supported the case of the private respondents. A perusal of the rough sketch indicates that the temple in question has been in existence from the settlement period itself. However, it is also worth pointing out that the rough sketch would also show that initially, the temple had occupied only a small area, whereas, the photographs now produced by the petitioner would show that the private respondents are attempting to expand the temple. Hence, it is imperative that status quo ante 5/8

should be maintained in respect of the temple. In such perspective of the matter, the official respondents are directed to take steps to measure the extent of the temple in question as it stood initially and fix the boundaries for the temple and if it is found that subsequent additions had been made to the temple from time to time by the private respondents, such additional constructions shall be removed within a period of two months from the date of receipt of a copy of this order. With the above directions, this writ petition stands disposed of sans costs. Connected W.M.Ps. are closed.

(S.V.N., J.) (K.R.S., J.) 18.12.2023 cad 6/8

To The District Collector Office of the District Collector Salem District Salem The Tahsildar Office of the Tahsildar Mettur Taluk Mettur Dam 636 401 Salem District The Block Development Officer Kolathur Panchayat Union Kolathur 636 303 Mettur Taluk Salem District 7/8

S. VAIDYANATHAN, J.

and K. RAJASEKAR, J.

cad 18.12.2023 8/8