G.Nirmal Kumar v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU G.Nirmal Kumar .. Petitioner Vs
1. The District Collector Villupuram Villupuram District.
2. The Revenue Divisional Officer Villupuram Villupuram District.
3. The Thasildar (Revenue) Melmalayannur Taluk Thiruvannamalai Villupuram District.
.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the first respondent to remove the encroachments in "Sri Thandeshwari Samatha Thandeshwarar Thirukovil" property situated in Survey Nos.78/11 and 79 at Melmalayannur, Malmalayannur Taluk, Villupuram District within a stipulated time.
For the Petitioner : Mr.D.Ajith Kumar for Mr.M.Sathish Kumar For the Respondents : Mr.P.Muthukumar State Government Pleader assisted by Mrs.R.Anitha Special Government Pleader
ORDER
(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.D.Ajith Kumar, learned counsel for the petitioner, and Mr.P.Muthukumar, learned State Government Pleader, assisted by Mrs.R.Anitha, learned Special Government Pleader for the respondents.
2. Learned counsel for the petitioner submits that in Survey No.78/11 a temple exists. It is an old temple. Some encroachments are made in Survey Nos.78/11 and 79, however no steps are undertaken by the respondents.
3. Learned State Government Pleader, on the basis of a report of the Revenue Tahsildar, submits that the land comprised
in Survey No.78/11 to an extent of 2750 sq. mtrs. is classified as "Natham" as per the village accounts. Survey No.78/11 is subdivided into several sub-divisions which are all in the names of the village public as individual patta. The Thandeswarar Sivan Temple is situated in Survey No.78/11N to an extent of 00070 sq.mtrs. vide Patta No.2. It is admitted that there are encroachments in Survey No.79/1 and Form-I notice has been forwarded to the concerned Joint Commissioner, Hindu Religious and Charitable Endowments Department, to remove the encroachments in Survey No.79/1 and take further necessary action in that regard.
4. In view of the report of the Tahsildar, the Commissioner, Hindu Religious and Charitable Endowments Department and/or the authorities shall take action with regard to the alleged encroachments in accordance with the procedure and law expeditiously.
The writ petition is disposed of accordingly. There will be no order as to costs.
(S.V.G., CJ.) (P.D.A., J.) 10.07.2023 Index :
Yes/No Yes/No sasi To:
1. The District Collector Villupuram Villupuram District.
2. The Revenue Divisional Officer Villupuram Villupuram District.
3. The Thasildar (Revenue) Melmalayannur Taluk Thiruvannamalai Villupuram District.
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU,J.
(sasi) 10.07.2023