Selvam v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 20.07.2021

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM and THE HONOURABLE MRS.JUSTICE S.ANANTHI and W.M.P(MD).No.9587 of 2021 Selvam ... Petitioner Vs.

1. The District Collector, Pudukottai, Pudukottai District.

2. The Commissioner, Hindu Religious and Charitable Endowment Board, Chennai.

3. The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Pudukottai, Tanjavur District.

4. The Executive Officer, Arulmigu Konnaiyur Muthumariamman Temple, Ponnamaravathi, Pudukottai.

5. The Tashildar, Ponnamaravathi Taluk, Ponnamaravathi, Pudukottai District.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the third and fourth respondents to implement the proceedings in Na.Ka.No.1257/2010/C dated 02.08.2010 within the time stipulated by this Court.

For Petitioner : Mr.M.Suresh For Respondents 1 to 3 & 5 : Mr.A.K.Manikkam, Standing Counsel for Government, For 4th Respondent : Mr.G.Mathavan, 1/3

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.M.Suresh, learned counsel appearing for the petitioner, Mr.A.K.Manikkam, learned Standing Counsel for Government appearing for the respondents 1 to 3 and 5 and Mr.G.Mathavan, learned counsel appearing for the fourth respondent. 2.The petitioner seeks for a direction upon the third and fourth respondents to implement the proceedings in Na.Ka. No.1257/2010/C, dated 02.08.2010.

3.Admittedly, the petitioner is an encroacher and notice under Section 7 of the Land Encroachment Act has been issued and objections have been filed by the petitioner on 11.07.2021. 4.The petitioner would claim that he is awaiting the orders from the Joint Commissioner, Hindu Religious and Charitable Endowments Department and he is with the fond hope that the Joint Commissioner will bring orders in his favour. 5.We fail to understand as to how the Joint Commissioner is empowered to regularize an encroachment into temple land. In any event, action has already been initiated under the Land Encroachment Act. It is open to the petitioner to pursue his objections, which shall be considered in accordance with law.

6.For the above reason, the relief sought for by the petitioner cannot be granted.

7.Accordingly, the writ petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AD-II) // True Copy // / /2021 Sub Assistant Registrar(CS) RM Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. 2/3

To

1. The District Collector, Pudukottai, Pudukottai District.

2. The Commissioner, Hindu Religious and Charitable Endowment Board, Chennai.

3. The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Pudukottai, Tanjavur District.

4. The Tashildar, Ponnamaravathi Taluk, Ponnamaravathi, Pudukottai District.

+1 CC to M/s.GP ( SR-23488[F] dated 22/07/2021 ) 20.07.2021 RK (30.07.2021) 3P 6C 3/3