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Madras High CourtWP(MD)/6091/2024disposed of

S.Shankar v. The Joint Commissioner

2024-03-13Honourable Mr Justice B.Pugalendhi5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2024

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI S.Shankar ... Petitioner versus

1. The Joint Commissioner, HR&CE Department, Tirunelveli.

2. The Assistant Commissioner, HR&CE Department, Tirunelveli.

3. The Executive Officer, Arulmigu Azhiyapatheeswarar Thirukovil, Karupanthurai, Palayamkottai Taluk, Tirunelveli.

4. Dharmaraj, L.

...Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 3 to take appropriate steps to recover the temple land in Survey No.103 (Old Survey No.8) belongs to Arulmigu 1/5

Azhiyapatheeswarar Thirukovil in Karupanthurai Village, Palayamkottai Taluk, Tirunelveli District within the time limit that may be fixed by this Court.

For Petitioner : Mr.M.Karthikeya Venkatachalapathy For R1 and R2 : Mr.P.Subba Raj, Special Government Pleader For R3 : Mr.H.Arumugam

ORDER

The petitioner, with a grievance that the temple properties are encroached by certain people, has filed this writ petition, seeking a Mandamus, directing the respondents 1 to 3 to take appropriate steps to recover the temple land in Survey No.103 old Survey No.8 belongs to Arulmigu Azhiyapatheeswarar Thirukovil in Karupanthurai Village, Palayamkottai Taluk, Tirunelveli District.

2. Today, when this writ petition is taken up for hearing, Mr.P.Subba Raj, learned Special Government Pleader takes notice for respondents 1 and 2 and Mr.H.Arumugam, learned counsel takes notice for the 3rd respondent and submit that the respondents have 2/5

already taken action and removed the encroachment made in survey No.103, old Survey No.8.

3. The learned counsel appearing for the petitioner has made a further request that the respondents have to fence this property to prevent from further encroachment.

4. If the petitioner is very particular about the fencing of the property, the petitioner and villagers shall provide necessary fees for fencing this property to the temple administration.

5. Accordingly, this writ petition is disposed of. No costs. 13.03.2024 NCC: Yes/No Index:Yes/No Internet:Yes ogy 3/5

To

1. The Joint Commissioner, HR&CE Department, Tirunelveli.

2. The Assistant Commissioner, HR&CE Department, Tirunelveli.

3. The Executive Officer, Arulmigu Azhiyapatheeswarar Thirukovil, Karupanthurai, Palayamkottai Taluk, Tirunelveli.

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B.PUGALENDHI, J.

ogy 13.03.2024 5/5