Madras High CourtWP/31718/2023disposed of

P.Srinivasan v. The Commissioner

2023-11-06Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.11.2023 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY P.Srinivasan ..

Petitioner Vs.

1. The Commissioner Hindu Religious & Charitable Endowments Department No.119, Uthamar Gandhi Salai Nungambakkam, chennai 600 034.

2. The Joint Commissioner Hindu Religious & Charitable Endowments Department Perundurai, Erode.

3. The District Collector District Collectorate Office Namakkal.

4. The Assistant Commissioner Hindu Religious & Charitable Endowments Department District Collectorate, Namakkal.

5. The Superintendent of Police Namakkal Police SP Office Tiruchengode, near Collectorate Office Namakkal, Namakkal.

6. The Revenue Division Officer Revenue Divisional Office Mohanur Road, Namakkal.

7. The Tahsildar Tahsildar Office Rasipuram Circle, Namakkal District.

Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the second respondent to implement the order issued by the fourth respondent in Na.Ka.No.2194/2017/A4 dated 25.03.2022 and to take appropriate steps to remove the encroachment pathway laid in the survey No.273, on the Southern Side, heading towards west to east, thereby encroaching the land belongs to the Arulmigu Nageswara Swami Temple, Sarkar Nattamangalam Village, Namakkal. For the Petitioner : Ms.T.Dharani For the Respondents : Mr.N.R.R.Arun Natarajan Spl. Government Pleader (HR & CE) for R1, R2 and R4 Mr.K.Karthik Jagannath Government Advocate for R3, R6 and R7 Mr.R.Muniyapparaj Additional Public Prosecutor for R5

ORDER

(Made by the Hon'ble Chief Justice) Heard Ms.T.Dharani, learned counsel for the petitioner, Mr.N.R.R.Arun Natarajan, learned Special Government Pleader (HR & CE) for respondents 1, 2 and 4, Mr.K.Karthik Jagannath, learned Government Advocate for respondents 3, 6 and 7 and Mr.R.Muniyapparaj, learned Additional Public Prosecutor for respondent 5.

2. Learned counsel for the petitioner submits that there is a pathway in S.No.273 on the southern side, heading towards west to east. Further encroachment has been committed on the said pathway by one K.P.Subramaniam and also by some other persons.

3. On 25.03.2022, an order was passed that two roads are available to Mr.K.P.Subramaniam and his neighbours. The pathway was encroached on the east-west direction and was formed in 0.30 acre of land, which was evicted.

4. There is one civil suit pending in this regard, and the details of the said suit is also not provided with.

5. In case the petitioner's right to use the pathway is being affected, the petitioner may take appropriate steps by filing appropriate proceedings.

6. The petitioner may file a civil suit or such other proceedings as may be permissible under law. In that event all contentions of the respective parties are kept open.

7. Accordingly, the writ petition stands disposed of. There will be no order as to costs. Consequently, W.M.P.No.31352 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 06.11.2023 Index :

Yes/No :

Yes/No drm