P.Rathinasamy v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU P.Rathinasamy ..

Petitioner Vs.

1. The District Collector Erode District, Erode.

2. The Commissioner Erode Corporation, Erode.

3. The Divisional Engineer Highways Department Construction and Maintenance Netaji Nagar, Poonthurai Road Erode - 638 002.

4. M.Venkatesan ..

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the respondents 1 to 3 to remove the illegal encroachment of temple namely "Shri Ramapaktha Aanjaneya Thirukovil" situated at Town Survey No.2, Block No.18, Ward - E of Erode Town.

For the Petitioner : Mr.B.M.Subash For the Respondents : Mr.P.Muthukumar State Government Pleader for R1 & R3 Mr.Raja Mathivanan for R2

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.B.M.Subash, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader for respondents 1 & 3 and Mr.Raja Mathivanan, learned counsel for respondent 2.

2. Learned counsel for the petitioner submits that the encroachment has been made in Town Survey No.2, Block No.18, Ward - E of Erode Town. The said land is a Government poromboke land. The Temple is constructed in the said land. Even the Civil Suit, filed by the person who have constructed the Temple, has been dismissed and an appeal against the same is also dismissed.

3. Learned State Government Pleader submits that a survey would be conducted and if upon the survey, any encroachment is

noticed, then the Authorities would take steps, in accordance with law, for the removal of the encroachment.

4. In the light of that, the writ petition stands disposed of. There will be no order as to costs.

(S.V.G., CJ.) (P.D.A., J.) 22.09.2023 Index :

Yes/No :

Yes/No drm To

1. The District Collector Erode District, Erode.

2. The Commissioner Erode Corporation, Erode.

3. The Divisional Engineer Highways Department Construction and Maintenance Netaji Nagar, Poonthurai Road Erode - 638 002.

THE HON'BLE CHIEF JUSTICE AND P.D.AUDIKESAVALU, J.

(drm) 22.09.2023