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Madras High CourtWP/21403/2016dismissed

Sri Thanathu Iyyanar Temple, v. The District Collector,

2016-07-28Honourable Mr Justice Huluvadi G. Ramesh,Honourable Mr Justice M.V. Muralidaran3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED:28.7.2016

CORAM

THE HONOURABLE MR.JUSTICE HULUVADI G.RAMESH AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.No.21403 of 2016 and W.M.P.No.18320 of 2016 Sri Thanathu Iyyanar Temple Rep. by its Dharmakartha/ Administrator M.Kunnathoor Village Ullundurpet Taluk Villupuram District.

Petitioner

Versus

1 The District Collector Villupuram District Villupuram.

2 The Tahsildar Ullundurpet Taluk Ullundurpet Villupuram District.

3 The President M.Kunnathoor Village Panchayat M.Kunnathoor Ullundurpet Panchayat Union Villupuram District.

4 Mr.Rajendiran Tahsildar, Ullundurpet Taluk Ullundurpet Villupuram District.

5 Mr.Rajarajan Special Tahsildhar AD Welfare Ullundurpet Taluk Ullundurpet Villupuram District.

6 Mr.Subramanian Village Administrative Officer M.Kunnathoor Village Ullundurpet Taluk Ullundurpet Villupuram District.

7 Mr.Hariharasugan Sub Inspector of Police Thirunavallur Police Station Villupuram District.

8 M.Nallathambi 9 Natesan 10 Kaliaperumal 11 Porapaththai Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus forbearing the respondents and their subordinates from interfering in any manner into the temple land in S.No.111 of M.Kunnathoor Village, total an extent of 6 acres Ulundurpet Taluk, Villupuram District, consequently directing the official respondents 1 and 2 to remove the encroachments made by respondents 8 to 11 in the said temple land and take action against respondents 4 to 7 for their illegalities. For Petitioner : Mr.K.Sarathkumar for Mr.K.Balu For RR1 to 3 : Mrs.A.Srijayanthi, Special Govt. Pleader For RR4 to R11 : No appearance.

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 forbearing the respondents and their subordinates from interfering in any manner into the temple land in S.No.111 of M.Kunnathoor Village, totally to an extent of 6 acres Ulundurpet Taluk, Villupuram District, consequently directing the official respondents 1 and 2 to remove the encroachments made by respondents 8 to 11 in the said temple land and take action against respondents 4 to 7 for their illegalities.

3. It is the submission of the learned Special Government Pleader that the Government has already taken steps to remove the encroachment and has taken possession and the property is restored.

4. In the circumstances, the writ petition is disposed of. If any property of the Government is still left to be taken over and protected, the petitioner is at liberty to move this court, once again, after verification, on his own. No costs. The connected miscellaneous petition is closed.

ssk.

Sd/- Asst.Registrar /true copy/ Sub Asst. Registrar

To:

1 The District Collector Villupuram District Villupuram.

2 The Tahsildar Ullundurpet Taluk Ullundurpet Villupuram District.

3 The President M.Kunnathoor Village Panchayat M.Kunnathoor Ullundurpet Panchayat Union Villupuram District.

+ 1 cc to MR.K.BALU, Advocate Sr 42784 KR/9/9/16 W.P.No.21403 of 2016