Chithambaram, v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATE : 31.08.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN and THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.22836 of 2016 and W.M.P.(MD)Nos.16338 and 16339 of 2016 Chithambaram .. Petitioner Vs.

1. The District Collector, Sivagangai District, Sivagangai.

2. The Sub Collector, Revenue Divisional Office, Ram Nagar, Devakottai, Sivagangai District.

3. The Tahsildar, Karaikudi, Sivagangai District.

4. The Deputy Tahsildar, Sakkottai, Karaikudi Taluk, Sivagangai District.

..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorari, call for the records relating to the impugned order passed by the third respondent dated 10.11.2016 and quash the same. For Petitioner : Mr.A.N.Ramanathan For Respondents : Mr.M.Govindan Special Government Pleader

ORDER

(Order of the Court was made by G.R.SWAMINATHAN, J) The writ petitioner challenges the order dated 10.11.2016 issued by the third respondent herein.

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2.The grievance expressed by the writ petitioner is that the subject temple alone has been targeted and he would thus complain of discrimination. A reading of the order impugned in this writ petition would show that entire temple has not been ordered to be removed; only certain encroachments such as stone fencing and the hollow block measuring an extent of 0.40.0 and 0.02.0 hec has been ordered to be removed. No exception can be taken to this. 3.This Court directs the writ petitioner to remove the encroachments set out in the impugned order within a period of two weeks from the date of receipt of copy of this order. If the writ petitioner does not voluntarily remove the encroachments pointed out by the third respondent, it is open to the third respondent to cause their removal.

4.With these clarifications, this writ petition is disposed of. No costs. Consequently, the connected miscellaneous petitions are closed.

Sd/- Assistant Registrar /True Copy/ Sub Assistant Registrar To

1. The District Collector, Sivagangai District, Sivagangai.

2. The Sub Collector, Revenue Divisional Office, Ram Nagar, Devakottai, Sivagangai District.

3. The Tahsildar, Karaikudi, Sivagangai District.

4. The Deputy Tahsildar, Sakkottai, Karaikudi Taluk, Sivagangai District.

+1cc to Mr.A.N.Ramanathan, Advocate Sr.No.75683 +1cc to Spl.Government Pleader Sr.No.76002 MRN VB/SKN/RSK/SAR1/25/10/2017/2P/7C Order made in W.P.(MD)No.22836 of 2016 31.08.2017 https://hcservices.ecourts.gov.in/hcservices/