N.Ravi v. The Executive Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 08.04.2024
CORAM:
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN N.Ravi, S/o.R.Narayanan, Cycle Shop, Vellar & Post, Mettur Taluk, Salem District.
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Petitioner versus 1.The Executive Officer, HR&CE, Arulmigu Prasanna Venkataramana Swami Thirukoil, Chinna Tirupathy, Karuvalli Post, Omalur Taluk,Salem District.
2.The Assistant Commissioner, HR&CE, Kottaimariamman Koil, Salem - 636 001.
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Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to remove the encroachment in Soliyaiur Survey No.242-8.32 cents Temple land which belongs to Bathrakaliamman and Mariamman, Uthukottai Mettur Taluk, Salem District, on the basis of the petitioner's representations dated 28.12.2016 and 05.06.2017.
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For Petitioner :
Mr.A.E.Kalaiselvan For Respondents :
Mr.K.Karthikeyan Government Advocate (HR&CE)
O R D E R
This Writ Petition has been filed praying for issuance of a Writ of Mandamus, directing the 1st respondent to remove the encroachment in Soliyaiur Survey No.242-8.32 cents, which belongs to Bathrakaliamman and Mariamman Temple, Uthukottai Mettur Taluk, Salem District, by considering the petitioner's representations dated 28.12.2016 and 05.06.2017.
2.
Heard the learned counsel appearing for the petitioner and the learned Government Advocate (HR&CE) appearing for the respondents. 3.
The case of the petitioner is that the second respondent has issued the land lease public auction Notice on 16.11.2016, which belongs to Vellar Village, Arulmigu Bathrakaliamman Thirukoil. He participated in the public auction on 29.11.2016 and paid the deposit amount of Rs.500/- and be the successful bidder in the public auction for the lease of temple land in 2/6
Survey No.242, admeasuring 8.32 acre and cents and on the very same day, he paid the entire lease amount of Rs.33,100/- to the first respondent and the first respondent has also issued the receipt for the said amount. 4.
When the petitioner visited the land, there was some third persons encroached the land and till date, the encroachment has not been removed by the respondents and the possession was not handed over to the petitioner. According to the petitioner, with great difficulty he was paid the lease amount but the authorities have not removed the encroachment. Hence, the petitioner made representations dated 28.12.2016 and 05.06.2017 to the first respondent, requesting him to remove the encroachment to cultivate the land. But till date, the first respondent has not taken any steps to remove the encroachment and hand over the possession of the leased out land to the petitioner. Aggrieved over the same, the petitioner has filed the present Writ Petition.
5.
The learned Government Advocate (HR&CE) appearing for the respondents has produced a letter dated 06.04.2024 issued by The Executive Officer of the Hindu Religious and Charitable Endowments 3/6
Department, Vellar, Mettur Taluk, Salem District, wherein it is stated that one Gopal, S/o.Ramasamy, had put up a thatched hut in 200 sq.ft. He submitted that the same will be removed and necessary action will be taken by issuing notice.
6.
Considering the limited nature of the relief sought for in the Writ Petition, the first respondent is directed to take action as per law to remove the encroachment in Soliyaiur Survey No.242-8.32 cents, by considering the petitioner's representations dated 28.12.2016 and 05.06.2017, and pass appropriate orders, on its own merits and in accordance with law, on or before 30th June, 2024.
7.
This Writ Petition is disposed of accordingly. No costs. 08.04.2024 Speaking order / Non-speaking order Index : Yes / No : Yes / No sri To 1.The Executive Officer, HR&CE, Arulmigu Prasanna Venkataramana Swami Thirukoil, 4/6
Chinna Tirupathy, Karuvalli Post, Omalur Taluk,Salem District.
2.The Assistant Commissioner, HR&CE, Kottaimariamman Koil, Salem - 636 001.
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V.BHAVANI SUBBAROYAN , J.
sri 08.04.2024 [1/2] 6/6