Vellaisamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 20.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY Vellaisamy ... Petitioner vs.

1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tashildar, Thirumayam Revenue Taluk Office, Thirumayam, Pudukkottai District.

3.The Block Development officer, Thirumayam Union Office, Thirumayam, Pudukkottai District.

4.The Panchayat President, Munasanthai Village Panchayat, Thirumaya Union Pudukkottai District.

5.M.Meenakshi 1/6

6.Maruthappan ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus to direct to the respondent 1 to 4 to remove the unauthorized temple constructed by the respondents 5 & 6 by encroaching the entire extent of 0.71.0 Acre if the land situated in Sy.No.561/2 at Perungudi Revenue Village, Thirumayam Taluk, Pudukkottai District and to restore the same by considering the order of this Hon'ble Court in W.P.(MD)No. 10722 of 2020 dated 02.09.2020.

(Prayer amended vide order dated 24.04.2023 made in W.M.P.MD.No.8296 of 2023) For Petitioner : Mr.M.Ramu For RR 1 & 2 : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by J. NISHA BANU, J.) It is the grievance of the petitioner that his representation dated 02.10.2022, to remove the unauthorized temple constructed by the respondents 5 & 6 by encroaching the entire extent 0.71.0 Acre and the land situated in Sy.No. 2/6

561/2 at Perungudi Revenue Village, Thirumayam Taluk, Pudukkottai District and to restore the same by considering the order passed by this Court in W.P.(MD)No. 10722 of 2020 dated 02.09.2020, is kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer. 2.The learned Government Pleader appearing for the respondents 1 & 2 submits that already encroachment has been removed and now, again the encroachers have occupied the same and they are taking steps to remove the encroachment.

3.In view of the above, we direct the respondents 1 & 2 to remove the encroachment made by the encroachers, after giving sufficient opportunity of hearing to the petitioner and the respondents 5 and 6 and pass appropriate orders on merits and in accordance with law within a period of three (3) months from the date of receipt of a copy of this order.

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4.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 20.03.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Pudukkottai District, Pudukkottai.

2.The Tashildar, Thirumayam Revenue Taluk Office, Thirumayam, Pudukkottai District.

3.The Block Development officer, Thirumayam Union Office, Thirumayam, Pudukkottai District.

4.The Panchayat President, Munasanthai Village Panchayat, Thirumaya Union Pudukkottai District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 20.03.2025 6/6