Murugesan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.10.2022

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD Murugesan ... Petitioner vs.

1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2.The District Collector, Dindigul District, Dindigul.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Ellis Nagar, Madurai - 625 001.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, No.43, Spencer Compound, Thiruvalluvar Nagar 2nd Cross Street, Dindigul 624 003.

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5.The Tahsildar, Taluk Office, Natham Taluk, Dindigul District.

6.K.Karuppayee ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 5 to take action to remove the encroachment made by the sixth respondent in Sri Muniyandi Eswarar and Bala Vinayagar Temple land situated in S.No.65/2 of Meyyampatti Village, Natham Taluk, Dindigul District based on the representation sent by the petitioner, dated 23.08.2021 within a time frame.

For Petitioner : Mr.N.Rahamadullah For RR 1 to 5 : Mr.P.Subbaraj Special Government Pleader For R - 6 : Mr.S.Sarvagan Prabhu

ORDER

(Order of the Court was made by R.MAHADEVAN, J.) The prayer made in this Writ Petition is to issue a Writ of Mandamus, directing the respondents 1 to 5 to take action to remove the encroachment made by the sixth respondent in S.No.65/2 of Meyyampatti Village, Natham Taluk, Dindigul District, belonged to Sri Muniyandi Eswarar 2/5

and Bala Vinayagar Temple land, based on the representation of the petitioner, dated 23.08.2021, within a time frame.

2. Today, when the matter was taken up for hearing, learned Special Government Pleader appearing for the respondents 1 to 5 submitted that there are encroachments in the place in question and steps are being taken to remove the encroachment by due process of law.

3. In view of the above, the authorities concerned are directed to remove the encroachment in the place in question, after giving due notice and sufficient opportunity to all the parties concerned and by following due process of law, within a period of eight weeks from the date of receipt of a copy of this order.

4. With the above direction, this Writ Petition is disposed of. No costs.

[R.M.D.,J.] & [J.S.N.P.,J.] 27.10.2022 Index : Yes / No Internet : Yes ps 3/5

To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Road, Nungambakkam, Chennai - 600 034.

2.The District Collector, Dindigul District, Dindigul.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Ellis Nagar, Madurai - 625 001.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, No.43, Spencer Compound, Thiruvalluvar Nagar 2nd Cross Street, Dindigul 624 003.

5.The Tahsildar, Taluk Office, Natham Taluk, Dindigul District.

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R.MAHADEVAN ,J.

and J.SATHYA NARAYANA PRASAD,J.

ps ORDER MADE IN 27.10.2022 5/5