S.Ramasamy, S/O.Suppa Naicker v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 30.06.2017

CORAM:

THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE MR.JUSTICE P.VELMURUGAN W.P.[MD].No.12121 of 2017 S.Ramasamy : Petitioner Vs.

1. The District Collector, Collectorate, Trichy.

2. The Revenue Divisional Officer, Musiri, Trichy District.

3. The Tahsildar, Taluk Office, Manapparrai, Trichy District.

4.S.Rengasamy : Respondents PRAYER:Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to remove the encroachment made by the fourth respondent in Kaliamman Templa land in S.No.686 in Maniarampatti Village, Mugavanur South, Manapparai Taluk, Trichy District, by considering the representation dated 15.03.2017. For Petitioner : Mr.N.Mohan.

For Respondents 1 to 3: Mr.K.Guru, Additional Government Pleader.

O R D E R

[Order of the Court was made by T.S.SIVAGNANAM, J.] Heard Mr.N.Mohan, learned counsel for the petitioner and Mr.K.Guru, learned Additional Government Pleader, who appears and accepts notice for the respondents 1 to 3. In view of the order, which we propose to pass in this Writ Petition, notice to the fourth respondent is dispensed with. By consent, the Writ Petition is taken up for final disposal at the stage of admission itself. https://hcservices.ecourts.gov.in/hcservices/

2. The petitioner, claiming to be a resident of Maniarampatti Village, Mugavanur South, Manapparai Taluk, Trichy District, has come forward with this Writ Petition, styled as "Public Interest Litigation", alleging that the fourth respondent has encroached into a public temple land and has put up construction. In this regard, a representation was given on 15.03.2017. The learned counsel for the petitioner has drawn the attention of this Court to the FMB Sketch and it is pointed out that very near to the temple, a construction has been put up by the fourth respondent and the same is illegal.

3. From the materials placed before us, it is not clear as to where the fourth respondent is constructing the building. In any event, since the representation has been sent to the third respondent, we direct the third respondent to consider the same, after issuing notice to the petitioner and the fourth respondent and take a decision in the matter, in accordance with law, within a period of three weeks from the date of receipt of a copy of this order.

4. The Writ Petition is disposed of on the above terms. No costs.

Sd/- Assistant Registrar(CO) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Collectorate, Trichy.

2. The Revenue Divisional Officer, Musiri, Trichy District.

3. The Tahsildar, Taluk Office, Manapparrai, Trichy District.

+1cc to M/S. N.MOHAN, Advocate, SR.No.62780.

+1cc to Special Government Pleader, SR.No.63082. ORDER MADE IN W.P.[MD].No.12121 of 2017 30.06.2017 NB SDS/SKN:RSK/SAR 1/07.07.2017/2P/6C https://hcservices.ecourts.gov.in/hcservices/