Madras High CourtWP/25805/2024dismissed

G.Padmanaban v. District Collector

2024-09-12Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 12.09.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.25805 of 2024 and WMP.No.28180 of 2024

1. G.Padmanaban

2. T.Kanchana ... Petitioners Vs.

1. The District Collector, Chengalpattu District.

2. The Revenue Divisional Officer, Madhurantakam, Chengalpattu district.

3. The Tahsildar,

4. The Deputy Tahsildar,

5. The Village Administrative Officer, Mugaiyur, Thenpattinam, Vadapattinam, Tamil Nadu.

6. The Block Development Officer, Cheyyur, Tamil Nadu.

7. The President, Mugaiyur, Chengalpattu District.

8. The Commissioner, HR & CE Department, 19 Uthamar Gandhi Road, Nungambakkam, Chennai-34.

9. The Joint Commissioner, HR & Ce Department, Kancheepuram District.

10. The Assistant Commissioner, HR & CE Department, Chengalpattu.

... Respondents Prayer: This Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus to direct the respondents 1 and 8th to immediately take steps in the representation made by the first petitioner on 17.10.2022. For Petitioner : Mr.R.Revathy For Respondent : Mr.U.Bharanidharan, AGP RR1 to 5 Mr.Karthikeyan, GA RR8 to 10 Mr.S.Ravikumar, SGP RR6 & 7

ORDER

This petition has been filed seeking a direction to the respondents 1 and 8th to immediately take steps in the representation made by the first petitioner on 17.10.2022.

2. It is the case of the petitioner that he is an agriculturist and he puchased a vacant land measuring about 12,040 sq. ft. through a registered sale deed dated 10.05.2018 registered as Doc. No.1027/2018 from vendor

Thameemmunnissa begum for a sale consideration of Rs.20,00,000/-. When the petitioner visit his land, he found that without his knowledge there was an abandoned statue of a Hindu god kept in the center of his patta land by unknown persons. In this regard, he made a representation to HR & CE Department requesting to remove the statue kept in his vacant patta land and the same is pending. Hence, the present writ petition.

3. The learned counsel for the petitioner submitted that this court may issue a direction to the respondents to consider and pass orders on the petitioner's representation within the stipulated time as fixed by this Court.

4. Heard the learned counsel on either side and perused the materials available on record.

5. The respondent has filed a report before this Court. On perusal of the same, it is seen that the statue viz., Thikkeri amman is more than 1000 years old and the general public stated that their ancestors had also worship the deity in the said land. The general public requested the official respondents, who made inspection in the above said land, to construct the temple for worshiping the goddess. As per the report, it is seen that the said amman statue has been kept in

the said land for more than 100 years in the said land.

6. Further there was a peace committee meeting held in the said village on 04.02.1994. In the peace committee meeting, the promoters viz., Happy Bay agreed to construct a temple in the said land.

7. In view of the above, this Court is of the view that the petitioner was misleading the Court and obtained an interim order to remove the idol. Hence, the prayer sought for by the petitioner cannot be granted. However, the respondents are instructed to direct promoters to implement the undertaking given by the promoters. No costs. Consequently, connected miscellaneous petition is closed.

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