S.Pasumpon, S/O.Singa Thevar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 14.03.2017

CORAM:

THE HONOURABLE MR.HULUVADI G.RAMESH, ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM W.P.(MD) No.639 of 2017 S.Pasumpon : Petitioner Vs.

1.The District Collector, Office of the District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Sattur, Virudhunagar District, 3.The Tahsildar, Taluk Office, 4.The Commissioner, Rajapalayam Municipality, 5.Arulmigu Muthalamman Kovil, Rep. by its President, Pudupalayam Sakkaraja Kottai Raju's Community, Pudupalayam, Rajapalayam Town, : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India to issue Writ of Mandamus, directing the respondents 1 to 4 herein to remove the encroachment made in T.S.No.118, Block No.18, Ward-G of Pudupalayam, Rajapalayam Town, Virudhunagar District based on the Petitioner's representation dated 28.12.2016 in the light of order passed by the 1st respondent vide proceedings in Na.Ka.No.14/763/02 dated 02.06.2002 within a stipulated time that may be fixed by this Hon'ble Court. For Petitioner : Mr.R.Karunanidhi For Respondents : Mr.T.S.Mohammed Mohideen 1 to 3 Additional Government Pleader For 4th Respondent : Mr.N.Dilipkumar For 5th Respondent : Mr.A.Sivaji

O R D E R

********** [Order of the Court was made by The Hon'ble The Acting Chief Justice] The petitioner has come up with this Writ Petition seeking a direction to the respondents 1 to 4 herein to remove the encroachment made in T.S.No.118, Block No.18, Ward G of Pudupalayam, Rajapalayam Town, Virudhunagar District based on the Petitioner's representation dated 28.12.2016 in the light of order passed by the 1st respondent vide proceedings in Na.Ka.No.14/763/02 dated 02.06.2002 within a time frame. 2.We have heard the learned counsel appearing on either side. 3.It is the case of the petitioner that the fifth respondent temple has encroached upon the Government Poramboke land vested with the Municipality and put up construction. 4.It appears as per the decision rendered by a Division Bench of this Court in W.P.(MD) No.19377 of 2016 dated 01.11.2016, on the same issue, this Court has considered and dismissed the Writ Petition filed by another person.

5.In the circumstances, We do not find any merits for consideration to differ from the view already taken by this Court. 6.Accordingly, this Writ Petition is dismissed. No costs. Sd/- Assistant Registrar (P&A) /True copy/ Sub Assistant Registrar To 1.The District Collector, Office of the District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional Officer, Sattur, Virudhunagar District, 3.The Tahsildar, Taluk Office,

4.The Commissioner, Rajapalayam Municipality, +1 CC to M/s.THE SPECIAL GOVERNMENT PLEADER, SR No. 14690 +1 CC to M/s.R.KARUNANIDHI, Advocate, SR No. 14442 +1 CC to M/s.A.SIVAJI, Advocate, SR No. 14608 +1 CC to M/s.N.DILIP KUMAR, Advocate, SR No. 14673 JIKR/SJ PSM/SKN-RSK/22.03.2017/3P/9C ORDER MADE IN W.P.(MD) No.639 of 2017 14.03.2017