Rengasamy.T v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.10.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI and WMP(MD)No.14975 of 2023 T.Rengasamy .. Petitioner v.

1.The District Collector, Tiruchirappalli District, 2.The Commissioner, Nungambakkam, Chennai 600 034.

3.The Assistant Commissioner, 4.The Executive Officer, Arulmighu Devagiri Manai Subramani Swami Temple, Pidaramangalam Post, 1/6

5.The Inspector, Thottiyam, 6.Periyasamy Gurukkal 7.P.Murugesan 8.The Tahsildar, .. Respondents [R.8 suo-motu impleaded vide order dated 04.09.2023] Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus forbearing the respondents from laying the road in S.No.15/1 situated at Thevarmalai Village, Thottiayam Taluk, Trichy District.

For Petitioner : Mr.M.Perumal For Respondents : Mr.P.Subburaj, Special Government Pleader for R.1 to R.5, R.8 No appearance for R.6 Mr.K.Arunraj, for R.7 ***** 2/6

ORDER

The petitioner claiming to be a tenant of the land in S.No.15/1 of Arulmigu Subramaniya Swamy Temple, Devagiri Malai, Thottiyam Taluk, Trichy District / fourth respondent. The Trustee of the fourth respondent Temple has issued a notice to this petitioner to vacate the land. The petitioner has filed a suit in O.S.No.782 of 2022 before the District Munsif Court, Thottiyam, seeking a permanent injunction as against the Temple and it's Hereditary Trustee, one Periyasamy. The suit is still pending. Now the fourth respondent has given a No Objection Certificate to lay road in the Temple property, which is in the possession of this petitioner in S.No. 15/1 of Thottiyam Village. Hence, the petitioner has filed this writ petition. 2.Learned Counsel for the petitioner submitted that in the guise of forming a road to the nearby burial ground, the respondents are attempting to lay a road in S.No.15/1, which is a Temple property and is also the subject matter in O.S.No.782 of 2022.

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3.In view of the stand taken by the petitioner, this Court, by order dated 04.09.2023 directed the Tahsildar to conduct a joint inspection and to submit a report before this Court.

4.The Tahsildar has accordingly submitted a report that they have conducted a survey and found that there is no proposal to lay any road in the land in S.No.15/1 of Arulmigu Subramaniya Swamy Temple. Recording this report of the Tahsildar, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed. Index :

Yes / No 09.10.2023 NCC :

Yes / No Internet :

Yes gk To 1.The District Collector, Tiruchirappalli District, 4/6

2.The Commissioner, Nungambakkam, Chennai 600 034.

3.The Assistant Commissioner, 4.The Executive Officer, Arulmighu Devagiri Manai Subramani Swami Temple, Pidaramangalam Post, 5.The Inspector, Thottiyam, 6.The Tahsildar, 5/6

B.PUGALENDHI, J.

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