M.R.Jayakumar, Ex.Councilor v. The Chief Secretary To
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16.06.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU M.R.Jayakumar ..
Petitioner Vs.
1. The Chief Secretary to Government Government of Tamil Nadu Fort St. George, Rajaji Salai Chennai 600 009.
2. The District Collector Salem District, Salem.
3. The Joint Commissioner H.R. & C/E. Department No.319, Thirugnanasambanthar Street State Bank Colony, Salem 636 604.
4. The Chief Conservator of Forest Forest Extension Control Region Cherry Road Salem 636 001.
5. The District Forest Officer Salem Zone, Gandhi Road, Salem.
6. Rajkumar
7. E.Govindaraj
8. P.R.Settu
9. Ram ..
Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the second respondent to consider petitioner's representation dated 09.01.2018. For the Petitioner : Mr.J.Sudhakaran For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader for Respondents 1 to 5 Mr.K.P.Jotheeswaran for Respondents 6 to 9
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.J.Sudhakaran, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents 1 to 5 and Mr.K.P.Jotheeswaran, learned counsel for the respondents 6 to 9.
2. The prayer made was to consider the representation of the petitioner that antisocial activities were being done by the respondents 6 to 9. They had unlawfully grabbed the lands of the Government and made huge monies out of it.
3. An affidavit is filed by the Joint Commissioner, HR & CE Department. Paragraphs 6 to 8 read thus:
"6. As soon as the petition is received, this respondent directed the Inspector, HR & CE, Salem to make a spot inspection and report. The Inspector made spot inspection and he filed a report before this respondent. In his report he stated that the above said temple is situated in S.No.23/1 with an extent of 3.55.0 Hec. and it is mentioned as Karadu in village record and the temple is having a compound wall around its premises and the deity Thoondilkara Muniappan is built in cement, 12 feet high, inside the compound wall. There are five small trees and adjacent to the temple there is a small karadu.
7. It is submitted by this respondent that there is no encroachment and removal of high valued tress and digging
and unloading of soil through JCB in the temple land.
8. The allegations in the paras 5 to 9 of the affidavit are false and are hereby denied. This respondent submits that as above stated, on receiving the complaint of the petitioner, this respondent immediately took action and he came to know that the complaint is false according to the temple land."
4. In the light of that, the writ petition stands disposed of. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 16.06.2023 Index :
Yes/No :
Yes/No kpl To
1. The Chief Secretary to Government Government of Tamil Nadu Fort St. George, Rajaji Salai Chennai 600 009.
2. The District Collector Salem District, Salem.
3. The Joint Commissioner H.R. & C/E. Department No.319, Thirugnanasambanthar Street State Bank Colony, Salem 636 604.
4. The Chief Conservator of Forest Forest Extension Control Region Cherry Road Salem 636 001.
5. The District Forest Officer Salem Zone, Gandhi Road, Salem.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 16.06.2023