Eswarmoorthy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.03.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY Easwarmoorthy ... Petitioner vs.

1.The District Collector, Karur, Karur District.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Karur, Karur District.

3.The Tahsildar, Pugaloor Taluk, Karur District.

4.K.C.Subramanian 5.S.Nethaji 6.K.S.Senthilkumar 7.The Executive Officer, Arulmigu sowndhiranayagi Udanmar Shri Sadieswarar Kovil, O/o.Arulmigu Kalayana Pasubatheeswarar Temple, Karur Taluk, Karur District.

... Respondents 1/6

(R - 7 is impleaded vide order dated 21.03.2025 made in W.M.P(MD)No.13994 of 2022) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondent Nos.1 to 3 to remove the encroachments made by the respondent Nos.4 to 6 in respect of the Temple land comprised in Survey Nos.171, 171/2, 171/3 situated at Pugaloor Taluk, K.Paramathi, Karur District on the basis of the petitioner's representation dated 20.07.2021 within a stipulated time fixed by this Court. For Petitioner : Mr.R.M.Makesh Kumaravel For RR 1 to 3 : Mr.P.Thilak Kumar Government Pleader For R - 7 : Mr.P.Aathimoola Pandian Standing Counsel

ORDER

(Order of the Court was made by J. NISHA BANU, J.) It is the grievance of the petitioner that his representation dated 20.07.2021, to remove the encroachments made by the respondent Nos.4 to 6 in respect of the Temple land comprised in Survey Nos.171, 171/2, 171/3 situated at Pugaloor Taluk, K.Paramathi, Karur District, is kept pending till date without any progress. Therefore, he has filed this Writ Petition with the aforesaid prayer. 2/6

2.The learned Government Pleader appearing for the respondents 1 to 3 submits that the representation of the petitioner would be considered and appropriate orders would be passed on its own merits within a period that may be stipulated by this Court.

3.Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of this Writ Petition, we direct the respondents 1 to 3 to consider the representation of the petitioner dated 20.07.2021, after giving sufficient opportunity of hearing to the petitioner, respondents 4 to 6 and including the impleaded 7th respondent/the Executive Officer and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.

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4.With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

[J.N.B.,J.] & [S.S.Y.,J.] 21.03.2025 (1/2) NCC : Yes / No Index : Yes / No Internet : Yes ps Note:- Registry is directed to mark a copy of this order to the private respondents.

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To 1.The District Collector, Karur, Karur District.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Karur, Karur District.

3.The Tahsildar, Pugaloor Taluk, Karur District.

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J.NISHA BANU , J.

and S.SRIMATHY, J.

ps ORDER MADE IN DATED : 21.03.2025 (1/2) 6/6