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Madras High CourtWP(MD)/13473/2025disposed of

K.Mahendran v. The District Collector

2025-04-30Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.04.2025

CORAM:

THE HON'BLE MRS JUSTICE J. NISHA BANU AND THE HON'BLE MRS JUSTICE S.SRIMATHY and W.M.P.(MD)Nos.9699 and 9700 of 2025 K.Mahendran

...Petitioner

-Vs1.The District Collector, District Collectorate, Dindigul District.

2.The Sub Collector, Palani, Dindigul District.

3.The Joint Commissioner, Thandayuthapani Swami Temple, HR & CE Department, Palani, Dindigul District.

4.The Tahsildar, Palani Taluk, Dindigul District.

5.The Commissioner, Palani Municipality, Palani, Dindigul District.

...Respondents

[R3 is suo motu corrected vide order 30.04.2025] 1/5

PRAYER:Writ Petition is filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents to shift the proposed construction to some other suitable place from the Town Survey No.248/2 of Palani Town, Palani Taluk, Dindigul District by considering the petitioner's representation dated 24.02.2025 and 22.04.2025. For Petitioner : Mr.A.Aruljenifer For R1 & R4 : Mr.P.Thilak Kumar Government Pleader For R5 : Mr.L.P.Maurya For R3 : Mr.R.Murali

ORDER

(Order of the Court was made by J.NISHA BANU, J.) By consent, this writ petition is taken up for disposal at the admission stage itself.

2.Mr.P.Thilak Kumar, learned Government Pleader, takes notice for the respondents 1 and 4, Mr.L.P.Maurya, learned counsel, takes notice for the fifth respondent and Mr.R.Murali, learned counsel takes notice for the third respondent.

3.The grievance of the petitioner is that his representation dated 22.04.2025 seeking to shift the proposed constructions in the radha veethi, which 2/5

according to the petitioner will affect the devotees during the festival time, to some other place, has not been considered so far. Therefore, he has filed this Writ Petition.

4.The name of the Temple, in which the third respondent is serving as Joint Commissioner, has not been mentioned. Hence, the cause title of the third respondent is suo motu corrected as 'Joint Commissioner, Thandayuthapani Swami Temple, HR & CE Department, Palani, Dindigul District'. 5.The learned Government Pleader appearing on behalf of the official respondents submits that the representation of the petitioner would be considered and appropriate orders would be passed in accordance with law within a period that may be stipulated by this Court.

6.Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of the Writ Petition, this Writ Petition is disposed of with a direction to the third respondent to consider the representations of the petitioner 24.02.2025 and 22.04.2025 by giving an opportunity of hearing to the petitioner and pass 3/5

appropriate orders on merits and in accordance with law within a period of twelve [12] weeks from the date of receipt of a copy of this order. No costs. (J.N.B.,J.) (S.S.Y.,J.) 30.04.2025 Index:Yes/No Internet: Yes/No ta To 1.The District Collector, District Collectorate, Dindigul District.

2.The Sub Collector, Palani, Dindigul District.

3.The Joint Commissioner, Thandayuthapani Swami Temple, HR & CE Department, Palani, Dindigul District.

4.The Tahsildar, Palani Taluk, Dindigul District.

5.The Commissioner, Palani Municipality, Palani, Dindigul District.

4/5

J. NISHA BANU,J.

and S.SRIMATHY.J ta 30.04.2025 5/5