P.Ragothaman v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.06.2025
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN P.Ragothaman
...Petitioner
Vs.
1. The District Collector, Villupuram District - 605 602
2. The District Revenue Officer, Villupuram District - 605 602
3. The Revenue Divisional Officer, Villupuram District - 605 602
4. The Tahsildar, Kandachipuram Taluk, Villupuram District - 605 701
5. The Assistant Director, Panchayat, Villupuram, Villupuram District - 605 602
6. The Block Development Officer, Mugaiyur @ Manampoondi,
7. The President, Manampoondi Panchayat, ... Respondents Prayer: Writ Petition filed under Article 226 of th Constitution of India seeking to issue a Writ of Mandamus to direct the respondents to remove the illegal occupation made by the 6th and 7th respondents, means of construction of the Primary health Centre, Part time Fair Price Shop. Library Building, Public toilet and Anganwadi Centre, Park and Gymnasiummade in S.No.38/4, 5 &6 and Natham Survey No.32/1, 4, 5 & 3 situated in Manampoondi Village, Kandachipuram Taluk, Villupuram District which absolutely belongs to the temple land. For Petitioner : Mr.S.Jagannathan For Respondents : Mr.R.Kumaravel, Additional Government Pleader
ORDER
(Order of the Court was delivered by J.Nisha Banu, J.) The petitioner, being the Dharmakarta of the Temple viz., Ariputhiraswamy and Mariammankoivl has filed this writ petition stating that the 6th respondent/Block Development Officer and 7th respondent/Panchayat, without getting permission from the temple had illegally occupied major portion of the property of the temple and constructed Primary Health Centre, Prt time Fair Price Shop, Library
building, Public toilet and Anganwadi centre, Park, Gymnasium and paddy threshing floor etc.. Hence, the present writ petition has been filed seeking for a direction to the official respondents to remove the illegal occupation made by the 6th and 7th respondents
2. According to the petitioner, he had sent a representation dated 02.02.2023 to the respondents for removal of the illegal construction. The 5th respondent vide letter dated 22.12.2023 to the 6th respondent, directed the 6th respondent to take appropriate action and sent an action taken report to the petitioner. However, no steps have been taken to recover the temple land from illegal occupation and construction. Therefore, he had filed the present writ petition.
3. Heard the learned counsel for the petitioner, the learned Additional Government Pleader and perused the materials available on record.
4. Though the petitioner has come out with a larger prayer, considering the above submissions made by the learned counsel for the petitioner, we are of the opinion that it would be suffice if the 5th respondent is directed to dispose of the representation of the petitioner. Accordingly, without going into the merits of the claim made by the petitioner in this writ petition, we direct the 5th respondent to consider the representation of the petitioner dated 07.11.2023 and pass appropriate
orders on the same on merits and in accordance with law after giving due opportunity of hearing to the petitioner, 5th and 6th respondents and other interested parties, if any. Such exercise shall be done by the 5th respondent within a period of eight weeks from the date of receipt of a copy of this order. Accordingly, the Writ Petition is disposed of. No costs. [J.N.B.,J.] [M.J.R.,J.] 02.06.2025 vsi Index:Yes/No Speaking order/Non-speaking order To
1. The District Collector, Villupuram District - 605 602
2. The District Revenue Officer, Villupuram District - 605 602
3. The REvenue Divisional Officer, Villupuram District - 605 602
4. The Tahsildar, Kandachipuram Taluk, Villupuram District - 605 701
5. The Assistant Director, Panchayat, Villupuram, Villupuram District - 605 602
6. The Block Development Officer, Mugaiyur @ Manampoondi,
7. The President, Manampoondi Panchayat,
J.NISHA BANU,J.
AND M.JOTHIRAMAN,J.
vsi 02.06.2025