Madras High CourtWP(MD)/6931/2016disposed of

Arulmighu Viswanathaswami v. The District Collector

2017-09-21Honourable Mr Justice R. Mahadevan3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 21.09.2017

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.6931 of 2016 and W.M.P(MD)No.5932 of 2016 Arulmighu Viswanathaswami Temple, Rep. By its Executive Officer, Palur, Srirangam Taluk, Trichy District.

... Petitioner Vs.

1. The District Collector, Trichy, Trichy District.

2. The Revenue Divisional Officer, Srirangam Taluk, Trichy District.

3. The Thasildar, Srirangam Taluk, Trichy District.

4. The Block Development Officer, Anthanallur Union, Trichy District.

5. The Commissioner, Panchayat Union Officer, Anthanallur Union, Trichy District.

6. The President, Palur Village Panchayat, Palur, Mutharasanallur Post, Srirangam Taluk, Trichy District.

... Respondents Prayer: Petition filed under Article 226 of the Constitution of India, to issue a writ of Mandamus, directing the respondents to stop construction in Survey No.14 in Palur Village, Srirangam Taluk, Trichy District.

For Petitioner : Mr.R.J.Karthick for Mr.M.Saravanan For RR 1 to 3 & 5 : Mr.VR.Shanmuganathan, Special Government Pleader.

ORDER

This writ petition is filed seeking a Writ of Mandamus, directing the respondents to stop construction in Survey No.14 in Palur Village, Srirangam Taluk, Trichy District. 2.The petitioner herein is working as an Executive Officer in Arulmighu Viswanathaswami Temple, Palur, Srirangam Taluk, Trichy District and the above said Temple is an ancient Temple. The said Temple owns various property in and around Palur Village, Trichy District in Survey No.14 and adjoining vacant lands are situated. While so, without obtaining permission, the respondents 4 to 6 utilized some funds, which has been allotted to them, had chosen to construct a Village Panchayat Service Centre building in Survey No.14, which belongs to the Temple. Hence, the petitioner has given a complaint before Jeeyapuram Police Station against the respondents 4 to 6 about their illegal action. Finally, on 01.04.2016, the petitioner has communicated the steps taken under Section 78 of the HR & CE Act to the respondents. Since no action has been taken, the petitioner has filed the present Writ Petition.

3.This Court by an order, dated 07.04.2016 granted an order of interim injunction in this Writ Petition prohibiting the respondents by putting up any construction in Survey No.14 in Palur Village, Srirangam Taluk, Trichy District, since the said land belongs to the Temple.

4.Now, the learned Special Government Pleader appearing for the respondents 1 to 3 and 5 would submit that only after obtaining necessary orders from the competent authority, the construction will be proceeded with.

5.The said submission is recorded and hence, this Writ Petition is closed. No costs. Consequently, connected Miscellaneous Petition is closed.

Sd/- Assistant Registrar(CS-II) /True Copy/ Sub Assistant Registrar

1. The District Collector, Trichy, Trichy District.

2. The Revenue Divisional Officer, Srirangam Taluk, Trichy District.

3. The Thasildar, Srirangam Taluk, Trichy District.

4. The Commissioner, Panchayat Union Officer, Anthanallur Union, Trichy District.

+ 1 cc TO Mr.R.J.Karthick , Advocate in SR No. 80499 ps AE/KK/SAR3/12.10.2017/3P/6C W.P(MD)No.6931 of 2016 21.09.2017