Madras High CourtWP/33408/2022disposed of

T.Ramakrishnan v. The District Collector

2022-12-13Honourable The Acting Chief Justice,Honourable Mr. Justice Paresh Upadhyay5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.12.2022 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE PARESH UPADHYAY T.Ramakrishnan .. Petitioner vs 1.The District Collector, O/o District Collector, Salem District-636 001.

2.The Director, Directorate of Town Panchayat Office, Raja Annamalaipuram, Chennai-600 028.

3.The Tahsildar, O/o Omalur Taluk Office, Salem District-636 455.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Salem District-636 001.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents to consider the petitioner's representation dated 20.07.2022 seeking to take appropriate action against the encroachments made on road side and temple lands in Ward Nos.4, 5, 6 and 12 of Karuppur Town Panchayat.

For the Petitioner : Mr.J.Rajmohan For the Respondents : Mr.P.Muthukumar State Government Pleader for respondent Nos.1 to 3 : Mr.M.Rajendran Addl. GP (HR&CE) for respondent No.4

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) This writ petition has been filed by the petitioner to issue a writ of mandamus directing the respondents to consider the representation of the petitioner dated 20.7.2022 and to take action for removal of encroachments made on the temple lands in Ward Nos.4, 5, 6 and 12 of Karuppur Town Panchayat.

2. Today when the writ petition is taken up for hearing, Mr.P.Muthukumar, learned State Government Pleader, taking notice on behalf of respondents 1 to 3, submitted that if encroachments are found in the temple lands, action would be taken by respondents 1 to 3 for removal of encroachment in co-ordination with the fourth respondent. If the encroachments are outside the temple lands, it is for the petitioner to workout his remedy in the manner known to law.

3. In view of the submission made by learned State Government Pleader, we hereby direct the third respondent Tahsildar, Omalur Taluk, to measure the land in question in co-ordination with the fourth respondent and upon submitting the report by the fourth respondent qua encroachments in temple lands to the Joint Commissioner, HR & CE having jurisdiction over the area, the said authority is directed to take action for removal of encroachments, in accordance with law, after notice to all concerned. The exercise aforesaid is directed to be completed within a period of eight weeks from the date of receipt of a copy of this order.

4. With the above observation and direction, the writ petition is disposed of. There will be no order as to costs. (T.R., ACJ.) (P.U., J.) 13.12.2022 Index : Yes/No bbr To:

1.The District Collector, O/o District Collector, Salem District-636 001.

2.The Director, Directorate of Town Panchayat Office, Raja Annamalaipuram, Chennai-600 028.

3.The Tahsildar, O/o Omalur Taluk Office, Salem District-636 455.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Salem District-636 001.

T.RAJA, ACJ.

AND PARESH UPADHYAY, J.

bbr 13.12.2022