P.Shanmughavel v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.11.2022

CORAM

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI and W.M.P.No.23667 of 2022 1 P.Shanmughavel ... Petitioner Vs.

1 The District Collector, Collectorate, Tiruvarur District, Tiruvarur.

2 The Revenue Divisional Officer, R.D.O. Office, Mannargudi.

3 The Commissioner of Municipality, Thiruthuraipoondi Municipality, Thiruthuraipoondi Post, Tiruvarur District.

4 Vijayabaskar 5 The Executive Officer, Sri Karpaganathaswamy Temple, Karpaganatharkulam Village and Post, Edumbavanam Via Thiruthuraipoondi Taluk, Tiruvarur District.

...

Respondents 1/5

Prayer: The Writ Petition is filed under Article 226 of the Constitution of India, seeking for a Writ of Mandamus, directing the respondents 1 to 3 to remove the encroachments on the public approach road at Anna Nagar especially the encroachment made by the 4th respondent who has also encroached upon the temple land of the 5th respondent as well as the poromboke lands.

For Petitioner : Mr.A.Udhayachandiran For Respondents 1&2 : Mr.P.Muthukumar, State Govt.Pleader For Respondent No.3 : Mr.D.Ravichandran For Respondent No.5 : Mr.N.R.R.Arun Natarajan, Spl.G.P. *****

O R D E R

(Delivered by D.KRISHNAKUMAR, J.) The petitioner has filed the Writ petition for removal of encroachment of the property comprised in S.No.168/3 to an extent of 200 sq.ft. of temple land of the 5th respondent temple.

2. The learned State Government Pleader appearing for the respondents on instructions would submit that the property comprised in S.No.168/3 to an extent of 200 sq.ft. of land belongs to Arulmigu Karpaganadhaswamy Thirukkovil, 5th respondent herein. Therefore, appropriate authority is the Joint Commissioner, H.R.& C.E. Department to initiate action under Sec.78 of H.R.& C.E. Act.

3. Mr.Arun Natarajan, Special Government Pleader appearing for the 5th respondent has produced a letter from the 5th respondent addressed 2/5

to the Special Government Pleader, H.R.& C.E. Department stating that action will be taken under Sec.78 of H.R.& C.E. Act for removal of encroachment. The Special Government Pleader also assured this Court that appropriate action will be taken under Sec.78 of the Act within the time as may be fixed by this Court. It is also brought to the notice of this Court that inspection also conducted by the 5th respondent and report also submitted to the Joint Commissioner through Assistant Commissioner, H.R.& C.E. Department and the complaint will be preferred before the Joint Commissioner, H.R.& C.E. Department and therefore, action being taken for removal of encroachment in the aforesaid property.

4. Recording the aforesaid submissions made by the parties, we are of the view that even though the Joint Commissioner, H.R.& C.E. is not a party in the writ petition, based on the report submitted by the Executive officer, the Joint Commissioner, H.R.& C.E. Department shall take appropriate action after providing opportunities to the parties concerned. In sofar as the property comprised in S.No.236/2, the petitioner has not mentioned the classification of the said land for removal of encroachment, we are not inclined to issue any direction to the authorities concerned for removal of encroachment in S.No.236/2. It is open to the petitioner to approach the authorities concerned for removal of encroachment. 3/5

With the above observations, the writ petition stands disposed of. No costs. Connected miscellaneous petition is closed. (D.K.K.J.) (T.V.T.S.J.) 22.11.2022 Speaking/Non Speaking order Index: Yes vaan To

1. The Joint Commissioner, H.R.& C.E. Department

2. The District Collector, Collectorate, Tiruvarur District, Tiruvarur.

3. The Revenue Divisional Officer,R.D.O. Office, Mannargudi.

4. The Commissioner, Thiruthuraipoondi Municipality, Thiruthuraipoondi Post, Tiruvarur District.

5 The Executive Officer, Sri Karpaganathaswamy Temple, Karpaganatharkulam Village and Post, Edumbavanam Via Thiruthuraipoondi Taluk, Tiruvarur District.

4/5

D.KRISHNAKUMAR, J.

AND T.V.THAMILSELVI, J.

vaan and W.M.P.No.23667 of 2022 Dated: 22.11.2022 5/5