Karunaneethi.P v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.12.2021 CORAM :
THE HONOURABLE MRS.JUSTICE PUSHPA SATHYANARAYANA and THE HONOURABLE MR.JUSTICE P.VELMURUGAN P.Karunaneethi ... Petitioner vs.
1) The District Collector, Thanjavur District, Thanjavur.
2) The Commissioner, Kumbakonam Municipality, Kumbakonam, Thanjavur District.
3) The Tahsildar, Kumbakonam Taluk Office, Kumbakonam, Thanjavur District.
4) The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Mayiladuthurai, Chennai.
5) The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Kumbakonam, Thanjavur District.
... Respondents Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus, to direct the respondents to remove the encroachments made on the Temple tank land situated in T.S.No.1011, 1013 and 1014 situated at Ward No.04, Block No.19, Kumbakonam Town, Thanjavur District, based on the petitioner's representation dated 25.08.2021.
For Petitioner : Mr.G.Gomathi Sankar For R1 & R3 to R5 : Mr.B.Saravanan Additional Government Pleader For R2 : Mr.M.Rajarajan Page 1/3
ORDER
(Order of the Court was made by PUSHPA SATHYANARAYANA, J.) The writ petition is filed for issuance of a Writ of Mandamus, to direct the respondents to remove the encroachments made on the Temple tank land in T.S.Nos.1011, 1013 and 1014 situated at Ward No.04, Block No.19, Kumbakonam Town, Thanjavur District, based on the petitioner's representation dated 25.08.2021. 2.
The petitioner would state that there is a temple, which is called ''Sri Arulmigu Kodiyamman and Arulmigu Thetchanamoorthy Temple'' in Kumbakonam Town and there is a temple tank land in T.S.Nos.1011, 1013 and 1014, which is encroached by the encroachers, by constructing buildings, due to which, the streets of the area are entirely blocked by the rain water during rainy season. Despite representations to remove the encroachment, no action was taken by the respondents. Hence, this writ petition.
3.
The learned Additional Government Pleader would state that the 1st respondent will pass suitable orders, on the representation of the petitioner dated 25.08.2021, within a time frame. 4.
Recording the above submission, a direction is issued to the 1st respondent, District Collector, to consider the representation of the petitioner dated 25.08.2021, after affording an opportunity of personal hearing to the petitioner and then remove the encroachment, if any, in the place in question, within a period of four weeks.
5.
With the above direction, the Writ Petition is disposed of. No costs.
6.
Post the matter on 13.01.2022, for reporting compliance. Sd/- Assistant Registrar (CS-II) // True Copy // / /2021 Sub Assistant Registrar(CS) bala To
1) The District Collector, Thanjavur District, Thanjavur.
Page 2/3
2) The Commissioner, Kumbakonam Municipality, Kumbakonam, Thanjavur District.
3) The Tahsildar, Kumbakonam Taluk Office, Kumbakonam, Thanjavur District.
4) The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Mayiladuthurai, Chennai.
5) The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Kumbakonam, Thanjavur District.
+1 CC to M/s.M.RAJARAJAN, Advocate ( SR-38255[F] dated 10/12/2021 ) +1 CC to M/s.SPL GP ( SR-38356[F] dated 13/12/2021 ) +1 CC to M/s.G.GOMATHISANKAR, Advocate ( SR-38150[F] dated 10/12/2021 ) DATED : 10.12.2021 RD(22.12.2021) 3P 9C Page 3/3