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Madras High CourtWP(MD)/17041/2023dismissed

Patti Veeran @ Ragu v. The District Collector

2023-07-18Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.17041 of 2023 and W.M.P.(MD)No.14258 of 2023 Patti Veeran @ Ragu ... Petitioner Vs.

1.The District Collector, Office of the District Collector, 2.The Block Development Officer, 3.The Tahsildar, Aathoor Taluk Office, Aathoor, 4.The President, Sitharevu, 1/4

5.The Village Administrative Officer, Ayyampalayam, 6.The Regional Manager/District Manager, Tamil Nadu Civil Supply Corporation, Murugabhavanam, Palani Road, Dindigul, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, to forbear the respondents herein from in any manner constructing any Vinayagar Kovil Kulam or any other construction in the property comprised in S.No.193/1 ie., Vinayagar Kovil Kulam situated at Kathirnayakanpatti, Sitharevu Village, Aathoor Taluk, Dindigul District on the basis of the petitioner's representation dated 10.07.2023. For Petitioner :Mr.S.Paul Murugesan For Respondents :Mr.K.Balasubramani Special Government Pleader for R1 to R5 : Mr.K.R.Badurus Zaman for R6

ORDER

Heard the learned counsel on either side.

2. The petitioner wants this Court to restrain the respondents from constructing any godown in the petition mentioned survey number. 2/4

3. When the matter was taken up for hearing, the learned Special Government Pleader produced the relevant records. As per entries in 'A register', Survey No.193/1, Kathirnayakanpatti was classified as "tpehafh; Nfhtpy;", whereas Survey No.193/2 has been classified as "Nkw;F jh;kd; Fsk;". It is made clear that no construction will come up on the water body. The District Collector, Dindigul had made a categorical statement in his proceedings dated 03.04.202 that even though this survey number has been classified as Vinayagar Temple, on ground, no such religious structure is in existence. We are also satisfied that the land has been re-classified only for public purpose. Interference is not warranted.

4. The Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed.

[G.R.S., J.] [B.P., J.] 18.07.2023 NCC : Yes / No Internet : Yes / No Index : Yes / No rmi 3/4

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

rmi To 1.The District Collector, Office of the District Collector, 2.The Block Development Officer, 3.The Tahsildar, Aathoor Taluk Office, Aathoor, 4.The President, Sitharevu, 5.The Village Administrative Officer, Ayyampalayam, W.P(MD)No.17041 of 2023 18.07.2023 4/4