R.Senthilkumar, v. The District Collector,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.01.2016 CORAM :

The Hon'ble MR.SANJAY KISHAN KAUL, CHIEF JUSTICE AND The Hon'ble MRS.JUSTICE PUSHPA SATHYANARAYANA W.P. No.389 of 2016 R.Senthilkumar .. Petitioner -vs1.The District Collector, Thiruppur District.

2.The Thasildar, Kangeyam, Thiruppur District.

3.The Assistant Commissioner (HR & CE) Arulmigu Veeragaperumal Kovil Campus, Arisikadaiyur Street, Thiruppur District.

4.N.S.Mohankumar .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Mandamus to direct respondents 1 to 3 to remove the encroachment caused by the 4th respondent over the properties existing in S.No.6/3, 8/1 of Kuttapalayam Village, Kangeyan Taluk, Thiruppur District by considering the representation of the petitioner dated 20.04.2015.

For Petitioner :

Mr.R.Nalliyappan For Respondents :

Mr.S.T.S.Murthi, Govt. Pleader, assisted by Mr.V.R.Kamalanathan, Addl.G.P.

& Mr.V.Shanmuga Sundar, G.A.

O R D E R

(Order of the Court was made by The Hon'ble Chief Justice) The petitioner alleges that the land in Kuttapalayam Village, Kangeyan Taluk, Thiruppur District belongs to Sri Jayam Kondeeswarar temple and that the fourth respondent is endeavouring to grab the temple land. There is also a question over a gift deed executed in favour of village panchayat. 2.On the complaint of the petitioner, the District Collector directed the second respondent to deal with the representation of the petitioner and in case any infirmity is found, to proceed in accordance with law. The petitioner also made a representation on 20.04.2015.

3.In view of the aforesaid facts and circumstances, we consider it appropriate that the second respondent, post inspection of the area, should ensure that the temple land is fully protected and if any encroachments are found, action in accordance with law be taken. The exercise be completed within a period of two (2) months from the date of receipt of this order, by passing a speaking order and the same be communicated to the petitioner.

4.Writ petition, accordingly, stands disposed of. No costs. sd/- Assistant Registrar(CCC) /TRUE COPY/ Sub-Assistant Registrar sra To 1.The District Collector, Thiruppur District.

2.The Thasildar, Kangeyam, Thiruppur District.

3.The Assistant Commissioner (HR & CE) Arulmigu Veeragaperumal Kovil Campus, Arisikadaiyur Street, Thiruppur District.

+1 CC to MR.R.Nalliyappan Advocate. SR.NO.1185 +1 CC to Govt.Pleader. SR.NO.1415 W.P.No.389 of 2016 CO-KSJ JD 25/01/2016