Madras High CourtWP(MD)/5340/2014dismissed

Perumal Gounder v. The District Collector

2017-07-26Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated: 26.07.2017 CORAM :

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.5340 of 2014 Perumal Gounder ... Petitioner Vs.

1. The District Collector Dindigul District, Dindigul.

2. The Revenue Divisional Officer, Dindigul Dindigul District.

3. The Tahsildar, Dindigul Taluk Office, Dindigul.

4. The Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District.

5. Ayyammal ... Respondents Prayer:

Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the respondents 1 to 4 to remove encroachment in Old Survey No.518/2. New Survey No.518/17 situate at Periyakottai village, Dindigul District made by the 5th respondent and hand over the clear possession to the temple.

For Petitioner : Mr.G.Gomathi Sankar For Respondents : Mr.M.Govindan, Spl. G.P. For RR1-4 Mr.C.Ramesh for Mr.V.Ragavachari for R5

O R D E R

https://hcservices.ecourts.gov.in/hcservices/ (Order of the Court was made by K.K.SASIDHARAN, J.) The petitioner has filed this writ petition to direct the

respondents 1 to 4 to remove the encroachment stated to have been caused by the fifth respondent in respect of the property in S.No.518/17 situate at Periyakottai village, Dindigul District. 2.The property in question admittedly belongs to the temple. There is no question of directing the respondents 1 to 4 to remove the encroachment stated to have been put up by the fifth respondent in the temple property.

3.We therefore do not find any reason to issue a Mandamus as prayed for by the petitioner. It is open to the temple to initiate appropriate proceedings for eviction.

4.The writ petition is dismissed with the above observation. No costs.

Sd/- Assistant Registrar /True copy/ Sub Assistant Registrar To

1. The District Collector Dindigul District, Dindigul.

2. The Revenue Divisional Officer, Dindigul Dindigul District.

3. The Tahsildar, Dindigul Taluk Office, Dindigul.

4. The Inspector of Police, Vadamadurai Police Station, Vadamadurai, Dindigul District.

+1 CC to M/s.V.RAGHAVACHARI, Advocate, SR No. 68138. +1 CC to THE SPECIAL GOVERNMENT PLEADER, SR No. 68269. ARUL/SKM PSM/SKN-RSK/SAR3/16.08.2017/2P/7C order made in W.P(MD)No.5340 of 2014 https://hcservices.ecourts.gov.in/hcservices/ 26.07.2017