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Madras High CourtWP/12547/2025disposed of

Thoppalan v. The District Collector

2025-07-07Honourable Mr.Justice Mohammed Shaffiq5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Thoppalan, S/o.Kathirvel ... Petitioner Vs.

1.The District Collector, Perambalur, Perambalur District.

2.The Tahsildar, Kunnam Taluk, Perambalur District.

3.The Assistant Director of Survey, District Land Survey and Settlement, Perambalur District.

4.The Inspector of Police, Mangalamedu Police Station, Perambalur District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus, directing the third respondent to survey the temple land in Survey No.329/2 measuring total extent of 244 sq. meter with the help of the fourth respondent to construct a shed to keep the chariot in the temple land situated in Survey No.329/2 measuring total extent of 244 sq. meter in Pennakonam Village, Kunnam Taluk, Perambalur District based on the letter dated 1/5

28.05.2024 by the third respondent and representation dated 31.05.2024. For Petitioner : Mr.G.Anantharangan For Respondents :

For R1 to R3 : Mr.P.Sathish Additional Government Pleader For R4 : Mr.R.Kishore Kumar Government Advocate (Criminal Side)

ORDER

By consent of learned counsel on both sides, this writ petition is taken up for final disposal.

2. The present writ petition is filed praying for a writ of mandamus, to direct the third respondent to survey the temple land in S.No.329/2 measuring total extent of 244 square meters with the help of the fourth respondent to construct a shed to keep the chariot in the temple land situated in Pennakonam Village, Kunnam Taluk, Perambalur District based on the letter dated 28.05.2024 of the third respondent and representations dated 31.05.2024 of the petitioner.

3. Learned Additional Government Pleader appearing for respondents 1 to 3 would submit that survey has already been conducted. In view thereof, nothing further survives as far as the first part of the prayer is concerned. Insofar as the 2/5

second part of the prayer namely to construct a shed to keep the chariot in the temple land in S.No.329/2 measuring total extent of 244 square meter, situated in Pennakonam Village, Kunnam Taluk, Perambalur District is concerned, he would submit that petitioner's representations dated 31.05.2024 would be considered and appropriate orders would be passed by the appropriate respondents. Agreed to by the learned counsel for the petitioner.

4. It is further submitted by the learned Additional Government Pleader that if a decision is taken by the appropriate authority to construct a shed and in case police protection is required, the petitioner may request the 4th respondent. When this was pointed out, the learned Government Advocate, Mr.R.Kishore Kumar, appearing for the 4th respondent would submit that if any such request is made, the same would be considered and adequate police protection will be granted if necessary.

5. In view thereof, this writ petition stands disposed of. It is always open to the petitioner to construct a shed to keep the chariot in the temple land in accordance with law and if need arises, it is open to respondents 1 to 3 to request for police protection before the 4th respondent. If any such request is made, the 4th 3/5

respondent is directed to provide adequate police protection for constructing the shed. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondents to consider the matter on its own merits and in accordance with law. No costs. 07.07.2025 Speaking (or) Non Speaking Order arb To 1.The District Collector, Perambalur, Perambalur District.

2.The Tahsildar, Kunnam Taluk, Perambalur District.

3.The Assistant Director of Survey, District Land Survey and Settlement, Perambalur District.

4.The Inspector of Police, Mangalamedu Police Station, Perambalur District.

MOHAMMED SHAFFIQ, J.

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arb 07.07.2025 5/5