R.Palaniyandi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 13.03.2017

CORAM:

THE HONOURABLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.(MD).No.4193 of 2017 R.Palaniyandi S/o.Ramasamy, Anaikkalpatti, Kaduvetti post, Kattuputhur Viz, Thottiyam Taluk, Trichy - 621 207.

: Petitioner Vs.

1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Thottiyam Taluk, Trichy District.

3.The Sub Inspector of Police, Kattuputhur Police Station, Thottiyam Taluk, Trichy District.

4.The Village Administrative Officer, Nagiahnallur Village, Thottiyam Taluk, Trichy District.

5.Saraswathi @ Sarasu, W/o.Periyasamy Anaikkalpatti, Thottiyam Taluk, Trichy District.

6.A.E.Thangarasu, S/o.Eruthalan, Anaikkalpatti, Thottiyam Taluk, Trichy District.

7.A.P.Selvaraj 8.A.R.Mani 9.A.E.Karunanithi : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ, Order or direction in the nature of a Writ of Mandamus directing the respondents Nos.1 to 3 to remove the encroachment made by the respondents Nos.5 to 9 from the Arulmigu.Renganathasamy (Perumal) Thirukovil situated at

Natham Land in Survey No.563/9 to the extent of 0.0284 Hectare (7.5) cents) in Anaikkalpatti, Nagiahnallur Panchayat, Thottiyam Taluk, Trichy District, by considering the petitioner's representation within a stipulated time as may be fixed by this Hon'ble Court.

For Petitioner : Mr.R.Rajaraman For Respondents 1 to 4 : Mr.K.Guru.

Additional Government Pleader,

O R D E R

********** [Order of the Court was made by The Hon'ble The Acting Chief Justice] Heard the learned counsel for the petitioner and Mr.K.Guru, learned Additional Government Pleader, who takes notice for the respondents 1 to 4.

2. The petitioner has come up with this Writ Petition seeking a Writ of Mandamus directing the respondents Nos.1 to 3 to remove the encroachment made by the respondents Nos.5 to 9 in Arulmigu.Renganathasamy (Perumal) Thirukovil situated at Natham Land in Survey No.563/9 to the extent of 0.0284 Hectare (7.5) cents) in Anaikkalpatti, Nagiahnallur Panchayat, Thottiyam Taluk, Trichy District, by considering his representation.

3. The case of the petitioner is that he made several representations before the respondents on 29.09.2016, 12.01.2017 and 18.01.2017, seeking to remove the encroachments made by the respondents 5 to 9 in Arulmigu.Renganathasamy [Perumal] Thirukovil to the extent of 0.284 hectare [7.5 cents] of Natham land situated at Anaikkalpatty, Nagiahnallur Panchayat, Thottiyam Taluk, Trichy District. Since no action has been taken, the petitioner is now before this Writ for the relief stated supra.

4. Earlier, the petitioner filed W.P.(MD).No.1273 of 2017 seeking a direction to the respondents to measure the temple land. The said Writ Petition was disposed of on 27.01.2017, giving direction to the first respondent therein to look into the said representation and pass appropriate orders. However, within one and half months, the petitioner has come up with the present Writ Petition seeking a direction to the official respondents to remove the encroachment made by the respondents 5 to 9. We are of the firm view that a reasonable time should be given to the respondents to take a decision in the matter and filing of Writ Petitions one after the other is not advisable. Thus, the attitude of the petitioner in filing this kind of repeated Writ Petitions has to be discouraged. However, if any order is passed adverse to the petitioner, he is always at liberty to move this Court. The Writ Petition is accordingly disposed of. No costs. Sd/- Assistant Registrar(Records) /TRUE COPY/ Sub Assistant Registrar

To 1.The District Collector, Trichy District, Trichy.

2.The Tahsildar, Thottiyam Taluk, Trichy District.

3.The Sub Inspector of Police, Kattuputhur Police Station, Thottiyam Taluk, Trichy District.

4.The Village Administrative Officer, Nagiahnallur Village, Thottiyam Taluk, Trichy District.

+1 cc to M/R.R.RAJARAMAN, Advocate, SR.NO:14152 +1 cc to M/S.SPECIAL GOVERNMENT PLEADER, SR.NO:14380 NB SVA/BS/20.03.2017/3P/7C ORDER MADE IN W.P.(MD).No.4193 of 2017 13.03.2017