Madras High CourtWP/28330/2019dismissed

T.Mayavel v. The District Collector,

2019-09-25Honourable The Acting Chief Justice,Honourable Mr Justice C. Saravanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.9.2019

CORAM

THE HONOURABLE DR.VINEET KOTHARI ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.No.28330 of 2019 T.Mayavel Petitioner

Versus

1. The District Collector, Cuddalore, Cuddalore District.

2. The Commissioner, Nungambakkam, Chennai 600 034.

3. The Revenue Divisional Officer, Vridhachalam, Cuddalore District.

4. The Tahsildar, Tittakudi, Cuddalore District.

5. The Joint Commissioner, Villupuram District.

6. The Executive Officer, Arulmighu Vaidyanatha Swamy Thirukovil, Tittakudi, Cuddalore District.

Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the Respondents to removal of encroachment made in Grama Natham Old Survey No.64/1A2B1 New Survey No.120 of the temple tank of Arulmighu Vaidyanatha Swamy Temple with Arulmighu Asanambigai Ambal Temple situated at Tittakudi Post & Taluk and Cuddalore District, by considering and passing orders on Petitioner's representation dated 17.8.2019.

For Petitioner : Mr.P.Rajavel For RR 1 to 4 : Mr.S.N.Parthasarathi, Govt. Advocate For RR 5 and 6 : Mr.Maharajan, Special Govt. Pleader

ORDER

(Order of the court was made by Dr.VINEET KOTHARI, ACJ.) The Petitioner filed the present PIL Writ petition for a mandamus for directing the official Respondents to remove the encroachment made in Grama Natham Old Survey No.64/1A2B1 New Survey No.120 of the temple tank of Arulmighu Vaidyanatha Swamy Temple with Arulmighu Asanambigai Ambal Temple situated at Tittakudi Post & Taluk and Cuddalore District, by considering and passing orders on Petitioner's representation dated 17.8.2019.

2. Heard Mr.P.Rajavel, learned counsel for the Petitioner, Mr.S.N.Parthasarathi, learned Government Advocate for Respondents 1 to 4 and Mr.Maharajan, learned Special Government Pleader for Respondents 5 and 6.

3. It is brought to our notice that in respect of the said issues, in pursuance of the orders passed by this court dated 11.8.2014 in W.P.No.26722 of 2013 and 8.10.2014 in W.P.No.26722 of 2013, the Government of Tamil Nadu has issued G.O.(Ms.) No.540 Revenue (LD6(2)) Department dated 4.12.2014 providing remedy before the appropriate Authority.

4. We therefore, direct the Petitioner to avail his remedy under the said G.O. We also expect the Authority concerned to act in accordance with law in an expeditious manner. The Writ Petition is disposed of accordingly. No costs. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ssk.

To: