Nadimuthu v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.02.2024 CORAM :

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE G.ILANGOVAN Nadimuthu ... Petitioner Vs.

1.The District Collector Thanjavur District.

2.The Tahsildar Pattukottai Taluk, Thanjavur District.

3.The Joint Commissioner Hindu Religious Charitable and Endowments Department, Thanjavur.

4.The Administrative Officer, Arulmighu Sri Abayavaradeswaraswamy Thirukovil, Adirampattinam, Pattukottai Taluk, Thanjavur District.

5.Naga @ Nagarajan 6.M.M.S.Kareem 7.Manikandan 8.Marimuthu 9.Subramanian .. Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 4 herein to take necessary action for removal of the unauthorized constructions made by the respondents 5 to 9 and others at Arulmighu Sri Abayavaradeswararsamy temple at Adirampattinam, Pattukottai Tauk, Thanjavur District on the basis of representation dated 26.03.2018 submitted by petitioner and others. For Petitioner : No Appearance For Respondents : Mr.T.Amjad Khan - for R1 to R3 Government Advocate Mr.V.K.Vijayaragavan - for R4

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] None appears for the petitioner.

2. The Writ Petition is filed seeking directions to remove the encroachments caused by the respondent No.5 to 9 in the premises of the respondent No.4 temple.

3. The fourth respondent has filed a counter affidavit, wherein, it is stated that steps are taken for removal of encroachment in the said survey number.

4. If the encroachment is found in the temple land and the Temple is under HR & CE, then proceedings under Section 78 of Act can be initiated against the encroachers. The respondent authorities shall initiate the process of removal of encroachment, if any, within a period of three months from today.

5. Accordingly, the Writ Petition stands disposed of. No costs.

[S.V.G., C.J.] [G.I., J.] 26.02.2024 Index : Yes / No RM

To 1.The District Collector Thanjavur District.

2.The Tahsildar Pattukottai Taluk, Thanjavur District.

3.The Joint Commissioner Hindu Religious Charitable and Endowments Department, Thanjavur.

4.The Administrative Officer, Arulmighu Sri Abayavaradeswaraswamy Thirukovil, Adirampattinam, Pattukottai Taluk, Thanjavur District.

THE HONOURABLE CHIEF JUSTICE and G.ILANGOVAN , J.

RM 26.02.2024