G.Pechimuthu, S/O.Ganapathy, v. The Secretary

In the High Court of Judicature at Madras Dated: 04.06.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S.SIVAGNANAM Writ Petition No. 8504 of 2015 and M.P. No.1 of 2015 G. Pechimuthu .. Petitioner vs.

1. The Secretary Rural Development and Panchayat Raj Department Fort St. George, Chennai-600 009.

2. Director of Rural Development and Panchayat Raj Panagal Building Chennai-600015.

3. District Collector & Chariman District Rural Development Agency Collectorate, Coimbatore-18.

4. Assistant Director (Panchayats) Rural Development, Coimbatore.

5. The Block Development Officer Thondamuthur-641 109.

6. Chairman, Panchayat Board Perur Chettipalayam Thondamuthur-641 109.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus to directing the respondents herein to stop the construction of Hindu Temple by private persons in the reserved space belonging to Perur Chettipalayam Panchayat of Coimbatore District in Survey No.91/2A of Perur Chettipalayam Panchayat that was actually reserved for Public Park and to direct respondents to remove the idols and all other structures erected by private persons and to maintain that land as the Public Park and promote the ecology and environment for providing healthy condition as per the matters enumerated in Eleventh Schedule of Constitution of India.

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For Petitioner : Mr. M. Shankar For Respondents : Mr. S.T.S. Murthi Government Pleader for R1 to R6 Mr. Karthikeyan Anbazhagan for M/s. Sarvabhauman Associates (not impleaded as party) ---

O R D E R

(Made by The Hon'ble The Chief Justice) The affidavit filed by the President of the Village Panchayat states that the temple has been unauthorisedly constructed, but no action has been taken on account of apprehension of law and order situation and for that purpose, the assistance of the District Collector has been sought.

2. On the other hand, the learned counsel present for the residents Welfare Association (not impleaded as party) states that a small area has been used for the temple after obtaining permission.

3. The aforesaid matter being one of alleged encroachment on public land and the matter requiring investigation as to whether something has been done with or without permission, we call upon the District Collector/third respondent to look into the matter and take a decision on the same after notice to all concerned within a period of one month from today.

4. The writ petition accordingly stands disposed of. No costs. Consequently, M.P. No.1 of 2015 is closed.

Sd/- Assistant Registrar True Copy Sub Assistant Registrar Copies to;

1. The Secretary Rural Development and Panchayat Raj Department Fort St. George, Chennai-600 009.

2. The Director of Rural Development and Panchayat Raj Panagal Building Chennai-600015.

3. The District Collector & Chariman District Rural Development Agency Collectorate, Coimbatore-18.

4. The Assistant Director (Panchayats) Rural Development, Coimbatore.

5. The Block Development Officer Thondamuthur-641 109.

6. The Chairman, Panchayat Board Perur Chettipalayam Thondamuthur-641 109.

+1 cc to Mr.M.shankar, Advocate,SR.26603 +1 cc to M/s.Sarvabhauman Associates, advocate,SR.26705. +1 cc to Government Pleader,SR.26664.

Msm(co) krd 12/6 W.P. No. 8504 of 2015