Neelamegam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.02.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY and WMP(MD)No.3017 of 2025 Neelamegam ... Petitioner vs.

1.The District Collector, Sivagangai District, Sivagangai.

2.The Superintendent of Police, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Devakottai, 4.The Tahsildar, Thiruppathur Taluk, 1/6

5.The Inspector of Police, Thiruppathur Town Police Station, 6.S.Kodeeswaran 7.Dhinesh 8.Muthukumar 9.Prasanth 10.Sundari 11.Shanmugam 12.Muthu Prakash ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents 1 to 5 to prevent the respondents 6 to 12 from demolishing the original structure of "Arulmigu Sri Andara Nachiyamman Temple" situated at Kottaiyiruppu, Thiruppathur Taluk, Sivagangai District and direct the fifth respondent herein to take necessary action against the respondents 6 to 12 based on the petitioner's representation dated 06.02.2025.

For Petitioner : Ms.A.Banumathy For RR 1, 3 & 4 : Mr.P.Thilak Kumar Government Pleader For RR 2 & 5 : Mr.A.Albert James Government Advocate 2/6

ORDER

(Order of the Court was made by J. NISHA BANU, J.) Even though a larger relief has been sought for by the petitioner to direct the respondents 1 to 5 to prevent the respondents 6 to 12 from demolishing the original structure of "Arulmigu Sri Andara Nachiyamman Temple" situated at Kottaiyiruppu, Thiruppathur Taluk, Sivagangai District and direct the fifth respondent herein to take necessary action against the respondents 6 to 12 based on the petitioner's representation dated 06.02.2025, the learned counsel appearing for the petitioner would submit that it would suffice, if a direction is issued to the respondents 1 to 5 to consider the representation of the petitioner dated 06.02.2025 and to pass appropriate orders, in accordance with law within a time frame.

2.Considering the limited relief sought for by the petitioner, notice to the respondents 6 to 12 is dispensed with.

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3.The learned Government Pleader appearing for the respondents 1, 3 and 4 and the learned Government Advocate appearing for the respondents 2 and 5 submitted that the representation of the petitioner will be considered on merits.

4.Considering the submissions made by the learned counsel appearing for the petitioner, the learned Government Pleader appearing for the respondents 1, 3 and 4 and the learned Government Advocate appearing for the respondents 2 and 5, without expressing any opinion with regard to the merits of the claim made by the petitioner, there shall be a direction to the official respondents to consider the representation submitted by the petitioner dated 06.02.2025, and pass appropriate orders on merits and in accordance with law, after giving due opportunity to the petitioner and respondents 6 to 12, within a period of eight weeks from the date of receipt of a copy of this order. 4/6

5.With the above direction, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

[J.N.B.,J.] & [S.S.Y.,J.] 18.02.2025 NCC : Yes / No Index : Yes / No Internet : Yes To 1.The District Collector, Sivagangai District, Sivagangai.

2.The Superintendent of Police, Sivagangai District, Sivagangai.

3.The Revenue Divisional Officer, Devakottai, 4.The Tahsildar, Thiruppathur Taluk, 5.The Inspector of Police, Thiruppathur Town Police Station, 5/6

J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 18.02.2025 6/6