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Madras High CourtWP(MD)/19100/2020disposed of

Karuppaiah.M v. The Commissioner

2021-02-19Honourable Mr Justice V. Parthiban3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.02.2021

CORAM

THE HONOURABLE MR.JUSTICE V.PARTHIBAN M.Karuppaiah .. Petitioner Vs 1.The Commissioner, 119, Uthamar Gandhi Road, Chennai - 600 034.

2.The Joint Commissioner, 40, Muthusamy Nagar, Thirupatthur Salai, Sivagangai District.

3.The Additional Commissioner, Paramakudi.

4.The Fitperson, Arulmigu Neelameswaramudaiyar Temple, Keezhnilai Village, Sivagangai District, (In- Charge), Executive Officer, Arulmigu Thiruvenkatamudaiyaan Thirukovil, Ariyakudi, Karaikudi Taluk, Sivagangai District.

5.The District Revenue Officer, District Collectorate, Sivagangai District, Sivagangai.

.. Respondents PRAYER:Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents to evict the encroachment in the Survey Numbers 10/1, 31/2, 33/1, 33/2, 33/4, 33/5, 39/6, 88/1, 88/2, 89/1, 89/2 (Thirupathur Vattam, Sivagangai District) mentioned and restore the possessory and enjoyment rights of the lands in favour of the temple, based on the entry made in the revenue records and on the basis of the representation dated 27.02.2018, 25.12.2018, 30.09.2019 and 03.01.2020.

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For Petitioner : Mr.E.Somasundaram For Respondents : Mr.K.P.Narayana Kumar, Nos.1,2,3 & 5 Special Government Pleader For Respondent No.4 : Dr.C.Guhaseelaruppan

ORDER

This writ petition has been filed seeking direction to the respondents to evict the encroachment in the Survey Numbers 10/1, 31/2, 33/1, 33/2, 33/4, 33/5, 339/6, 88/1, 88/2, 89/1, 89/2 (Thirupathur Vattam, Sivagangai District) mentioned and restore the possessory and enjoyment rights of the lands in favour of the temple, based on the entry made in the revenue records and on the basis of the representation dated 27.02.2018, 25.12.2018, 30.09.2019 and 03.01.2020.

2.When the matter is taken up for hearing the learned Special Government Pleader produced a copy of the proceedings of the 5th respondent in Na.Ka.No.C3/23939/2019, dated 09.02.2021 and submitted that the 5th respondent has directed the parties concerned to appear for enquiry before him.

3.In view of the above said proceedings, the District Revenue Officer, Sivagangai/ 5th respondent herein directed to complete the said enquiry within a period of six weeks from the date of receipt of a copy of this order.

4.With the above direction, the writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS-I) // True Copy // / /2021 Sub Assistant Registrar(CS) dsk To 1.The Commissioner, 119, Uthamar Gandhi Road, Chennai - 600 034.

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2.The Joint Commissioner, 40, Muthusamy Nagar, Thirupatthur Salai, Sivagangai District.

3.The Additional Commissioner, Paramakudi.

4.The Fitperson, Arulmigu Neelameswaramudaiyar Temple, Keezhnilai Village, Sivagangai District, (In- Charge), Executive Officer, Arulmigu Thiruvenkatamudaiyaan Thirukovil, Ariyakudi, Karaikudi Taluk, Sivagangai District.

5.The District Revenue Officer, District Collectorate, Sivagangai District, Sivagangai.

+1 CC to M/s.C.GUHASEELARUPAN, Advocate ( SR-6125[F] dated 19/02/2021 ) +1 CC to M/s.E.SOMA SUNDARAM, Advocate ( SR-6295[F] dated 19/02/2021 ) 19.02.2021 MJ(CO) TR(04.03.2021) 3P 8C 3/3