K.Muthusamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 11.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN K.Muthusamy ... Petitioner vs.

1.The District Collector, Trichy.

2.The Revenue Divisional Officer, Musiri.

3.The Tahsildar, Thuraiyur Taluk, Trichy District.

4.Saroja 5.Thangaraj 6.Thangaraj 7.Chinna 8.Padmaraj ... Respondents (R - 4 to R - 8 are suo motu impleaded vide order dated 07.12.2020 in W.P(MD)No.17594 of 2020) 1/6

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents to remove the encroachments upon the path way and temple region of the Mandapathu Pillaiyur Temple in Survey No.78/2 at Kothampatti Village, Vadakkuveli, Thuraiyur Taluk, Trichy District in accordance with law within a time frame to be stipulated by this Court.

For Petitioner : Mr.R.Balakrishnan For RR 1 to 3 : Mr.P.Thilak Kumar Government Pleader For RR 4, 6 & 8 : Not ready in notice For R - 5 : No appearance

ORDER

(Order of the Court was made by G.ARUL MURUGAN, J.) The Writ Petition is filed seeking for a direction to the respondents to remove encroachments upon the path way and temple premises of the Mandapathu Pillaiyur Temple in Survey No.78/2, 2/6

Kothampatti Village, Vadakkuveli, Thuraiyur Taluk, Trichy District, in accordance with law.

2.A detailed status report has been filed by the third respondent/the Tahsildar, Thuraiyur and paragraph No.7 of the status report reads as follows:

"7.I respectfully submitted that, as per the Revenue Re-Settlement record (1927) 4.07 acre land was in the SF No.78/2, classification of land is as "Tharisu" in the UDR record (1987) 0.13.5 ars land is registered as Mariyamman Temple and the remaining lands have been registered as patta land. In the investigation owners of the above said lands stated that never they have prevented the public from passing through the "Nilaviyal Pathway" and there some of the land owners (formers) change the location of the "Nilavial Pathway" to the side of fields for their agriculture convenience other some lands owners divided their lands as plots with the road facility without any affection to the "Nilaviyal Pathway". In the investigation it is ascertained that there is no encroachment in the "Temple" land and its "Nilavial Pathway".

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3.It is found that there is no encroachment in the Temple properties and the Nilaviyal pathway leading to the Temple. 4.In view of the above averments made, no cause of action arises in this Writ Petition.

5.Accordingly, this Writ Petition is dismissed. There shall be no order as to costs.

[S.M.S.,J.] & [G.A.M.,J.] 11.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

To 1.The District Collector, Trichy.

2.The Revenue Divisional Officer, Musiri.

3.The Tahsildar, Thuraiyur Taluk, Trichy District.

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S.M.SUBRAMANIAM , J.

and G.ARUL MURUGAN , J.

ps ORDER MADE IN DATED : 11.08.2025 6/6