Ranniammal, v. District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 27.7.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.20094 of 2016 and W.M.P.No.17315 of 2016 Ranniammal Petitioner

Versus

1 District Collector District Collector Office Sattuvachari Vellore District 2 Pattabi 3 Chinnappan 4 Budugan @ Subramani 5 Purusothaman 6 Velu 7 Giri 8 Datchinamoorthy 9 The Inspector of Police Pernampattu Gudiyattam Vellore District Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st respondent to stop and demolish the construction of the Temple on the Street abutting property at Vellore District, Vellore Registration District, Gudiyattam SubDistrict, Gudiyattam Taluk, No.4 Bathlapalli Village, S.No.77/112 in this extent 002.94 Sq Meters vacant site and house bound on East by Street S.No.77/83, West by S.No.77/109 and 77/113, North by S.No.77/110 and 77/111, South by S.No.77/116 and 77/118.

For petitioner : Mr.R.Rajeshkumar For R1 & R9 : Mrs.Srijayanthi, Special Govt. Pleader For R2 to R8 : Mr.A.Thameem Mohideen

ORDER

(Order of the court was made by HULUVADI G.RAMESH, J.) Heard the learned counsel appearing for the parties.

2. The writ petition has been filed seeking issuance of a writ of mandamus directing the 1st respondent to stop and demolish the construction of the Temple on the Street abutting property at Vellore District, Vellore Registration District, Gudiyattam Sub-District, Gudiyattam Taluk, No.4 Bathlapalli Village, S.No.77/112 in this extent 002.94 Sq Meters vacant site and house bound on East by Street S.No.77/83, West by S.No.77/109 and 77/113, North by S.No.77/110 and 77/111, South by S.No.77/116 and 77/118.

3. The grievance of the petitioner is that a temple is sought to be put up at the instance of respondents 2 to 8 encroaching a public road and thereby blocking ingress and egress to the petitioner's property which is in violation of the ratio laid down by the Apex Court with regard to encroachment of Government lands by religious structures. The petitioner sought to produce certain photographs to establish her case. Her further contention is that she was assaulted by some of the private respondents in this regard. I appears that the petitioner had lodged complaints with the first respondent on 21.9.2015 and 19.10.2015 and also with the 9th respondent on 9.10.2015 and having found no response for the same, she has come up with the present writ petition.

4. On instructions, the first respondent has filed a counter affidavit contending that a field inspection was conducted by the Tahsildar and a report thereon was received to the effect that the disputed temple is constructed on the opposite side of the petitioner's vacant site in S.No.77/83 which is classified as Government Poramboke land to the extent of 0.13.20 hectares, that a street has a breadth of 2.00 meters links the petitioner's house to the main street and the said street is located in the said Government poramboke land and there is no objection from the villagers and it was also found that there is no disturbance to reach the petitioner's house due to the disputed temple.

5. Therefore, it is clear that the temple that is put up now is not very much on the public road, but, one or two feet is encroached on the public road and no prejudice would be caused to the petitioner and it would neither cause disturbance to the petitioner nor any obstruction to the public road, in our view. Sofar as the injury or assault on the petitioner, if any, by the respondents, separate action can be initiated by the petitioner to set the law in motion.

6. In the circumstances, this writ petition is disposed of as there is no violation of any principles. However, it is made clear that there shall not be any further round of construction of the temple beyond the level which is now in existence as per the photograph produced. No costs. The connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar ssk.

To:

1 District Collector District Collector Office Sattuvachari Vellore District 2 The Inspector of Police Pernampattu Gudiyattam Vellore District 1 cc to The Government Pleader, sr.42933 W.P.No.20094 of 2016 gj ii co kra 22.08.2016