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Madras High CourtWP/30925/2022disposed of

Sri Periyandavar Temple v. The District Collector

2023-12-12Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and WMP Nos.30324 of 2022 and 23583 of 2023 Sri Periyandavar Temple, Mudapuli Village, Virudhachalam Taluk, Cuddalore District, Rep. by Temple Poosari, Arulmani.

.. Petitioner -vs1. The District Collector, Cuddalore, Cuddalore District.

2. The Revenue Thasildar, Virudhachalam Taluk,

3. The Thasildar, Thasildar Office, Virudhachalam Taluk, .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records pertaining to the order passed by the 3rd respondent vide impugned order in Na.ka.No.A1/3548/2022 dated 06.09.2022 and quash the same and consequently forbear the respondents from removing the

Periyandavar Temple and nearly 500 trees planted in the Arasu Poramboke in Survey No.21 of Mudapuli Village, Virudhachalam Taluk, For the Petitioner :

Mr.V.Balamurugan For the Respondents :

Mrs.R.Anitha, Spl. Govt. Pleader for RR 1 to 3 * * * * *

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.V.Balamurugan, learned counsel for the petitioner and Mrs.R.Anitha, learned Special Government Pleader, for the respondents.

2. The petitioner is challenging the order dated 06.09.2022 of the 3rd respondent.

3. The order dated 06.09.2022 is an internal communication amongst the officials concerned. It is not a notice to the petitioner. In case notice is issued to the petitioner, then the petitioner would have a

right in accordance with law to agitate in respect of the same by way of filing a reply and take up the proceedings before the appropriate forum.

The writ petition is, accordingly, disposed of. There will be no order as to costs. Consequently, connected miscellaneous petitions are closed.

(S.V.G., CJ.) (D.B.C., J.) 12.12.2023 Index : Yes/No : Yes/No sra To

1. The District Collector, Cuddalore, Cuddalore District.

2. The Revenue Thasildar, Virudhachalam Taluk,

3. The Thasildar, Thasildar Office, Virudhachalam Taluk,

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sra) 12.12.2023