Jeyasankar E v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 31.01.2025

CORAM

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.2815 of 2023 E.Jeyasankar ... Petitioner Vs 1.The District Collector, Collectorate, Thenkasi District.

2.The Revenue Divisional Officer, Tenkasi, Tenkasi District.

3.The Tahsildar, Shenkottai Taluk, Tenkasi District.

4.The Superintendent of Police, Tenkasi District.

5.The Inspector of Police, Shenkottai Police Station, Tenkasi District.

6.Kuthalingam @ Maria Jacob 7.Kalyani @ Maria Rathinam 8.Sankaralingam @ Maria Adaikkalam 9.Megalingam @ Maria Gnanam ... Respondents PRAYER: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the second and third respondents to arrange permanent pathway to reach the Monolith which is on the top of Saint Hillock installed by the Vallanadu Sandhu Chidambara Swamigal situated at S.F.No.525/1A1, Periya 1/5

Pillai Valasai Village, Shenkottai Taluk, Tenkasi District. For Petitioner : Mr.AR.Jeyarhuthran For RR 1 to 3 : Mr.M.Senthil Ayyanar Government Advocate For RR 4 & 5 : M/s.M.Aasha Government Advocate (Crl. Side) For RR 6 & 7 : Mr.R.J.Karthick

ORDER

This Writ Petition has been filed by the petitioner directing the respondents 2 and 3 to arrange a permanent pathway to reach the Monolith which is on the top of Saint Hillock installed by the Vallanadu Sandhu Chidambara Swamigal situated at S.F.No. 525/1A1, Periya Pillai Valasai Village, Shenkottai Taluk, Tenkasi District.

2.On instructions, the learned Government Advocate appearing for the respondents 1 to 3 would submit that it is a private Temple worshipped by the petitioner and his relatives and to reach the said Temple, there is a patta land owned by the respondents 6 to 9 herein and it is situated in the hill. 2/5

3. In view of the above, there is no possibility to lay any pathway permanently. That apart, in order to reach the said Temple, there is a patta land owned by the respondents 6 to 9. Therefore, the direction sought for in this Writ Petition cannot be considered. The Writ Petition itself is devoid of merits and the same is liable to be dismissed. Accordingly, this Writ Petition is dismissed. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

31.01.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 3/5

To 1.The District Collector, Collectorate, Thenkasi District.

2.The Revenue Divisional Officer, Tenkasi, Tenkasi District.

3.The Tahsildar, Shenkottai Taluk, Tenkasi District.

4.The Superintendent of Police, Tenkasi District.

5.The Inspector of Police, Shenkottai Police Station, Tenkasi District.

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G.K.ILANTHIRAIYAN, J.

ps Order made in 31.01.2025 5/5