V.Senthil Kumar v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2025 CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.40089 of 2024 V.Senthil Kumar ..
Petitioner Vs.
1.The District Collector Dharmapuri Collector Office Dharmapuri - 636 705.
2.The Revenue Divisional Officer District Revenue Office Dharmapuri - 636 705.
3.The Tahsildar Nagamarai - Pennagaram Road Pennagaram - 636 810.
4.The State Rep.by its Inspector of Police Pennagaram Police Station.
5.Chinnasamy 6.Muniyammal
7.Sivaraj 8.Seenivasan .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st, 2nd and 3rd respondents to remove the Sami Statue and Vel which were illegally installed by respondent Nos.5 to 8 that obstructs the pathway to the petitioner's patta land and other encroachments and also direct the 4th respondent to give police protection if need and pass such further or other order.
For the Petitioner : Mr.Ravindran Venkatachalapathy for Mr.N.Krishna Moorthy For the Respondents : Mr.R.Murthi Government Advocate for RR1 to 3 Dr.C.E.Pratap Government Advocate for R4
ORDER
The Writ Petition is filed for a direction to the respondents 1 to 3 to take action and to remove the structures / other things in the form of idols and Thirusool etc., which were placed in front of the petitioner's property, in the road margin.
2. The grievance of the petitioner is that, earlier, some miscreants
unlawfully occupied the petitioner's patta land, which lead to a law and order issue. Although the petitioner has since secured the premises, certain structures have now been installed between the road and the petitioner's property in the name of worship, causing inconvenience to the petitioner.
3. Even though notice has been served on the respondents 5 to 8, none appeared.
4. It is now clear that the road margin and the Government Poramboke lands cannot be utilised by the parties to establish new places of worship. It can be seen from the photographs submitted along with the Writ Petition that alongside the margin of the road, they have installed the Thrisool and stone idol and indulging in worship. If the private respondents or any other person, whomsoever wants to worship, they can install the same in any private land. Therefore, the respondents 1 to 3 are directed to send a communication to the respondents 5 to 8 as well as the persons involved installing the things. It would be open for the private respondents to remove the same and install the said
things in any other place of their choice, which is not a road margin or a Government Poramboke land. Four weeks time is granted, from the date of receipt / production of the website uploaded copy of this order, for the said purpose. Even after the expiry of four weeks time, if they don't remove, with due police protection, the 3rd respondent shall remove the same and clear the space.
5. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, the associated miscellaneous petition is closed. 08.04.2025 Jer To 1.The District Collector Dharmapuri Collector Office Dharmapuri - 636 705.
2.The Revenue Divisional Officer District Revenue Office Dharmapuri - 636 705.
3.The Tahsildar Nagamarai - Pennagaram Road Pennagaram - 636 810.
4.The Inspector of Police Pennagaram Police Station.
D.BHARATHA CHAKRAVARTHY, J.
Jer 08.04.2025