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Madras High CourtWP/23270/2018disposed of

Thadayam Babu@Babu, v. The Commissioner,

2023-08-25Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Thadayam Babu @ Babu : Petitioner Vs 1.The Commissioner Hindu Religious & Charitable Endowment Department Chennai.

2.The Joint Commissioner Hindu Religious & Charitable Endowment Department Villupuram.

3.The Assistant Commissioner Hindu Religious & Charitable Endowment Department, Cuddalore.

4.The Executive Officer Arulmigu Virudhagireeswarar Aalayam 5.The Tahsildar Virudhachalam Taluk, Cuddalore District.

6.Jayam 7.Ravi

8.Ramachandran 9.Moorthy 10.Santhanakrishnan 11.Padmanaban 12.Rajendiran : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing respondents 1 to 4 to consider the representation of the petitioner dated 23.06.2018 and take suitable action to remove the encroachments made around the Arulmigu Virudhagireeswarar Temple in Sannathi Veedi, Thenkottai Veedhi, Melakottai Veedhi and Vadakkukottai Veedhi For the Petitioner :

Mr.C.Munusamy for Mr.R.Arun Dattan For Respondents 1 to 4 :

Mr.Yashwanth, Additional Government Pleader For 5th respondent :

Mr.P.Muthukumar, State Government Pleader, Assisted by Mr.K.Karthik Jegannathan, Government Advocate For respondents 6 to 8, 10 to 12 :

No appearance Not ready in notice for respondent No.9

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.C.Munusamy, learned counsel for the petitioner, Mr.Yashwanth, learned Additional Government Pleader for respondents 1 to 4 and Mr.P.Muthukumar, learned State Government Pleader, for the fifth respondent.

2. Learned counsel for the petitioner submits that encroachment is made by various persons in the temple land around Arulmigu Virudhagireeswarar Temple in Sannathi Veedi, Thenkottai Veedhi, Melakottai Veedhi and Vadakkukottai Veedhi Virudhachalam, Cuddalore District.

3. Mr.Yashwanth, learned Additional Government Pleader appearing for respondents 1 to 4 submits that encroachment was made by various persons in the year 2018 and they were evicted on 15.07.2021. The details are given in paragraph No.10 of the written instructions.

4. Learned counsel for the petitioner submits that there are still some encroachments found in the temple land.

5. We go by the statement made by the learned Additional Government Pleader appearing for respondents 1 to 4. If still there are some encroachments, it is for the authorities to take action.

6. The Writ Petition is disposed of. There will be no order as to costs. (S.V.G., CJ.) (P.D.A., J.) 25.08.2023 Index : Yes/No : Yes/No tar

To 1.The Commissioner Hindu Religious & Charitable Endowment Department Chennai.

2.The Joint Commissioner Hindu Religious & Charitable Endowment Department Villupuram.

3.The Assistant Commissioner Hindu Religious & Charitable Endowment Department, Cuddalore.

4.The Executive Officer Arulmigu Virudhagireeswarar Aalayam 5.The Tahsildar Virudhachalam Taluk, Cuddalore District.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(tar) 25.08.2023