K.C.Muthukumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.09.2023 CORAM :
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU K.C.Muthukumar ..
Petitioner Vs.
1. The District Collector District Collectorate Tiruppur.
2. The Tahsildar Uthukuli Taluk
3. The Executive Officer Kunnathur Town Panchayat Kunnathur, Tiruppur District.
4. The Joint Commissioner Hindu Religious and Charitable Endowments Department District Collectorate Tiruppur.
5. The Executive Officer Arulmigu Angalamman Thirukovil Kunnathur, Uthukuli Taluk ..
Respondents
Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of Mandamus directing the respondents 4 and 5 herein to desist from plotting the vacant land earmarked for Sandhai (Market) belonging to Kunnathur Town Panchayat comprised in S.No.89/1, Kunnathur Village, Uthukuli Taluk, Tiruppur District into commercial plots.
For the Petitioner : Mr.M.R.Thangavel For the Respondents : Mr.P.Muthukumar State Government Pleader Assisted by Mrs.R.Anitha Special Government Pleader for Respondents 1 to 3 Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE) for Respondents 4 & 5
ORDER
(Made by the Hon'ble Chief Justice) We have heard Mr.M.R.Thangavel, 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 3 and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) for the respondents 4 and 5.
2. Learned counsel for the petitioner submits that the subject land belongs to Town Panchayat. The temple is trying to lease out the said land by auction. The temple is not concerned with the said land. Road widening is to take place.
3. Learned Special Government Pleader (HR & CE) submits that the temple is existing for more than 90 years. Earlier, the buildings were owned by the temple and leased out to persons. However, with the passage of time, they have collapsed. As such, the temple is now trying to lease out the plots for three years.
4. Learned State Government Pleader submits that the subject property is a Town Panchayat property.
5. If there is dispute as to who is the owner of the subject property, the remedy lies elsewhere to decide the dispute with regard to the title of the land. The parties may avail the remedy as may permissible under law. As far as road widening is concerned, there
cannot be any impediment whether the property is owned by the temple or by the Town Panchayat. The work of road widening cannot be stalled.
6. With the aforesaid observations, the writ petition is disposed of. There will be no order as to costs. Consequently, W.M.P.No.26097 of 2023 is closed.
(S.V.G., CJ.) (P.D.A., J.) 20.09.2023 Index :
Yes/No :
Yes/No kpl To
1. The District Collector District Collectorate, Tiruppur.
2. The Tahsildar Uthukuli Taluk
3. The Executive Officer Kunnathur Town Panchayat Kunnathur, Tiruppur District.
4. The Joint Commissioner Hindu Religious and Charitable Endowments Department District Collectorate Tiruppur.
5. The Executive Officer Arulmigu Angalamman Thirukovil Kunnathur, Uthukuli Taluk
THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.
(kpl) 20.09.2023