Ganapathy K v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.06.2025

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD).No.13383 of 2025 K.Ganapathy ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai.

2.The Divisional Engineer, State Highways Department, Madurai.

3.The Assistant Executive Engineer Cum Assistant Divisional Engineer, Stone Highways Department, Office of the Assistant Divisional Engineer, Peraiyur, Madurai District.

4.Palpandi 5.Murugesan 6.Chinnasamy

7.Rajendran 8.Kalimuthu ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the respondents 2 and 3 to stop the new encroachment and construction work (Pillayar Temple) making by the respondents 4 to 8 in the Mangalarave to Elumalai State Highways Road in Survey No.33 situated at Kudiseir Village, Peraiyur Taluk, Madurai District, based on the petitioner's representation dated 02.05.2025. For Petitioner : M/s.X.Sumalatha For R-1 to R-3 : Mr.P.Thilak Kumar Government Pleader

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) The relief sought for in the present Writ Petition is to direct the respondents 2 and 3 to stop the new encroachment and construction work (Pillayar Temple) by the respondents 4 to 8 in the Mangalarave to Elumalai State Highways Road in Survey No.33 situated at Kudiseir Village, Peraiyur Taluk, Madurai District, based on the petitioner's representation dated 02.05.2025.

2. The learned counsel for the petitioner would submit that the respondents 4 to 8 are attempting to encroach upon the public property for construction of a temple.

3. It is not in dispute that already a temple existed in that locality. Thus, the respondents 1 to 3 are directed to conduct a field inspection and prevent any encroachment in the public property, if any person has made any such attempt.

4. Accordingly, the Writ Petition stands disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. (S.M.S.,J.) (A.D.M.C.,J.) 27.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No Lm To 1.The District Collector, Madurai District, Madurai.

2.The Divisional Engineer, State Highways Department, Madurai.

3.The Assistant Executive Engineer Cum Assistant Divisional Engineer, Stone Highways Department, Office of the Assistant Divisional Engineer, Peraiyur, Madurai District.

S.M.SUBRAMANIAM,J.

and DR.A.D.MARIA CLETE,J.

Lm 27.06.2025