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Madras High CourtWP/35780/2025dismissed

Appusamy v. The District Collector

2025-09-23Honourable The Chief Justice,Honourable Mr.Justice G.Arul Murugan4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 23.09.2025

CORAM

THE HON'BLE MR.MANINDRA MOHAN SHRIVASTAVA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE G.ARUL MURUGAN Appusamy .. Petitioner -vs1. The District Collector, First Floor, Collectorate, Erode.

2. The Tahsildar, Anthiyur, Erode District.

3. The Block Development Officer, Ammapettai Panchayat Union, Erode District.

4. The Executive Officer, P.K.Pudur Village Panchayat, Erode District.

5. R.Vellaiya Gounder

6. P.Anantharasu

7. M.Appusamy

8. C.Sakthivel

9. P.Muthu .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 3 and 4 herein to remove the unauthorised construction of Temple at ReSurvey No.229/1 of Kannapalli Village, Anthiyur Taluk, Erode District made by the respondents 5 to 9 herein based on the petitioner's representation dated 30.07.2025 within a stipulated time fixed by this Court.

For Petitioner :

Mr.P.Vetrivel For Respondents :

Mr.M.Habeeb Rahman Govt. Advocate for RR 1 to 4 * * * * *

ORDER

(Order of the Court was made by the Hon'ble Chief Justice) The challenge made to the illegality of construction of a temple on a private land is not maintainable, as the petitioner has already filed a suit claiming easementary rights and declaration thereon. But for the claim of easementary rights, the petitioner does not have any locus to challenge the illegality or irregularity of construction of any building on a private land.

Petition is misconceived and is, accordingly, dismissed. There shall be no order as to costs. The trial Court shall not be influenced by the observations made by this Court.

(MANINDRA MOHAN SHRIVASTAVA, CJ.) (G.ARUL MURUGAN, J.) 23.09.2025 Index : Yes/No : Yes/No sra To

1. The District Collector, First Floor, Collectorate, Erode.

2. The Tahsildar, Anthiyur, Erode District.

3. The Block Development Officer, Ammapettai Panchayat Union, Erode District.

4. The Executive Officer, P.K.Pudur Village Panchayat, Erode District.

THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN , J.

(sra) 23.09.2025