K.M.Balasubramani v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.09.2016

CORAM:

THE HONOURABLE MR.JUSTICE S.NAGAMUTHU AND THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.[MD].No.15283 of 2014 and M.P.(MD)Nos.1 to 3 of 2014 K.M.Balasubramani : Petitioner Vs.

1.The District Collector, Thanjavur District, Collector Office, 2.The Revenue Divisional Officer, Orathanadu Taluk Division, 3.The Tahsildar, Orathanadu Taluk, Orathanadu-614 625, 4.The President, Vadasari Village Panchayat, Orathanadu Taluk, Thanjavur District-614 905.

5.Veema M.Ayyanathan 6.Chitambara Naika A.Arumani alias Arumugam : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order passed by the first respondent in his proceedings in Na.Ka.No.35961/2013/A2, dated 30.12.2013 and quash the same as illegal and consequentially, to direct the respondents 1 to 4 to forbear the respondents 5 and 6 from undertaking further construction of the temple in Vadrakulam lake, in Survey No.423-1, Vadasari Village, Orathanadu Taluk, Thanjavur District, classified as water body poramboke, within the time that may be stipulated by this Hon'ble Court.

For Petitioner : Mr.M.Mahaboob Athiff For Respondents 1to3 : Mr.M.Govindan, Special Government Pleader For Respondent No.4 : Mr.R.Anandharaj, Government Advocate For Respondents 5&6 : M/s.D.Geetha

O R D E R

*********** [Order of the Court was made by S.NAGAMUTHU, J.] The petitioner has come up with this Public Interest Litigation, challenging the order of the first respondent in Na.Ka.No.35961/2013/A2, dated 30.12.2013 and seeking a further direction to the respondents 1 to 4 to restrain the respondents 5 and 6 from making any construction in the temple at Vadrakulam lake, in Survey No.423-1, Vadasari Village, Orathanadu Taluk,

2. We have heard the learned counsel for the petitioner, the learned Special Government Pleader appearing for the respondents 1 to 3, the learned Government Advocate appearing for the fourth respondent and the learned counsel appearing for the respondents 5 and 6.

3. It is submitted by the learned Special Government Pleader that the land belongs to the temple, wherein there was already a temple and tank. The temple as well as tank have been renovated as per the order of the District Collector and Kumbabhishegam has already been performed for the temple.

4. In view of the submission made by the learned Special Government Pleader, nothing survives for adjudication in this Writ Petition and accordingly, the same is dismissed. No costs. Consequently, the connected miscellaneous petitions are also dismissed.

Sd/- Assistant Registrar(P&A) /True Copy/ Sub Assistant Registrar To 1.The District Collector, Thanjavur District, Collector Office,

2.The Revenue Divisional Officer, Orathanadu Taluk Division, 3.The Tahsildar, Orathanadu Taluk, Orathanadu-614 625, 4.The President, Vadasari Village Panchayat, Orathanadu Taluk, Thanjavur District-614 905.

+1cc to M/s.Ajmal Associates, Advocate SR.No.55943 +1cc to Government Pleader, SR.No.56409 Order made in W.P.[MD].No.15283 of 2014 Dated: 26.09.2016 sml SD/CK/13.10.2016/3P/7C