Madras High CourtWP(MD)/3979/2017dismissed

Daniel A. Dhanapal, v. The Collector,

2017-08-21Honourable Mr Justice K.K. Sasidharan,Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P(MD)No.3979 of 2017 and W.M.P.(MD).No.3163 of 2017 Daniel A.Dhanapal .. Petitioner Vs.

1. The Collector, I Floor, Collector Office, Karur-639 007.

2. The Superintendent of Police, District Police Office, Thanthonimalai, Karur-05.

3. The Deputy Superintendent of Police, DSP Police Office, Karur Erode Road, Karur-639 002.

4. The Revenue Divisional Officer, Revenue Divisional Office, LIC Building(Opposite) Church Corner Road,

5. The Assistant Divisional Engineer, Highways Department, Chruch Corner Road, Near LIC Building,

6. The Tahsildar, Tahsildar Office, Jawahar Bazar Road, Karur.

7. The Inspector of Police, 639, Pasupathipalalyam, (Near Mohan Hospital) Karur 639 002.

8. The Village Administrative Officer, Thirumanilayoor Agraharam, Karur-639 003.

9.The Village Administrative Officer, Thoranakkalpatti Village Administrative Office, Thoranakkalpatti, Reyanoor, Karur-639 003.

10.M.Sekar 11.M.Muthuraman 12.M.Sedhuraman .. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 9 to initiate action against the respondents 10 to 12 his men, servants and agents for having proceeded with the illegal and unlawful construction of vinayakar Temple in Natham Porambooke S.No.387/6 in Majurasalai Pudhur, Thornakalpatti Village, Karur Taluk, Karur District and Consequently, to forebear the respondents 10 to 12 from proceeding with the illegal and unlawful construction of Vinayakar Temple in Natham Proambooke S.No.387/6 in Majurasalai Pudhur, Thornakalpatti Village, Karur Taluk, Karur District.

For petitioner : Mr.D.Anbarasu For R1 to R9 : Mr.T.S.Md.Mohideen Additional Government Pleader For R10 to R12 : No appearance

O R D E R

************ [Order of the Court was made by K.K.SASIDHARAN, J.] The petitioner filed this writ petition to direct the respondents 1 to 9 to initiate action against the respondents 10 to 12 for constructing a Vinayakar Temple on Natham Poramboke bearing Survey No.387/6 in Majurasalai Pudhur, Thornakalpatti Village, Karur Taluk, Karur District.

2.The counter affidavit filed by the Revenue Divisional

Officer, Karur indicates that the petitioner constructed a Church in Natham land bearing Survey No.387/23. There is an attempt to construct a Vinayakar Temple by the respondents 10 to 12. 3.According to the Revenue Divisional Officer, Karur, the petitioner opposed the construction of Vinayakar Temple near the Church and that was the reason for the dispute among the parties. 4.The writ petition involves disputed question of fact as to whether the petitioner constructed a Church in Natham Poramboke bearing Survey No.387/23, which is meant for construction of residential building alone. The Revenue Divisional Officer has taken up a contention that even if there is a patta obtained by the petitioner, it is not possible to construct a Church on a Natham Poramboke land.

5.Such being the factual position, we do not find any ground to issue a Mandamus as prayed for by the petitioner. 6.The wirt petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. Sd/- Assistant Registrar(Co) /True copy/ Sub Assistant Registrar To