Madras High CourtWP(MD)/20559/2019dismissed

P. Sarveswaran v. The District Collector

2019-09-24Honourable Mr Justice T. S. Sivagnanam,Honourable Mrs Justice R. Tharani3 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 24.09.2019

CORAM:

THE HONOURABLE Mr.JUSTICE T.S.SIVAGNANAM AND THE HONOURABLE Mrs.JUSTICE R.THARANI and W.M.P.(MD).No.17197 of 2019 P.Sarveswaran ... Petitioner Vs.

1.The District Collector, Sivagangai & District.

2.The District Revenue Officer, O/o.District Revenue Officer, Sivagangai & District.

3.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Sivagangai.

4.The Tahsildar, 5.The Land Surveyor(Taluk) ... Respondents PRAYER:This petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 5 to remove encroachments and illegal occupation made in S.F.195 4D, 5A, 5B, 6, 9C, 10, 11C belongs to the Arulmigu Paranjothi Easwarar Temple situated in Thanjakoor Village, Manamadurai Taluk, Sivagangai District by considering the petitioner's representation dated 08.08.2019 within a time that may be stipulated by this Court. 1/3

For Petitioner : Mr.R.Venkatesan for M/s.Right Law Associates For Respondents : Mr.A.K.Baskara Pandian Special Government Pleader

ORDER

(Order of this Court was made by T.S.SIVAGNANAM, J) Heard Mr.R.Venkatesan, learned counsel appearing for the petitioner and Mr.A.K.Baskara Pandian, learned Special Government Pleader appearing for the respondents.

2.By consent of either side, this writ petition is taken up for disposal.

3.We find that the Temple, which is stated to be the owner of the land is not impleaded as the respondent. Furthermore, the encroachers have also not been impleaded as the respondents. Therefore, we cannot entertain this writ petition. Hence, this Writ Petition stands dismissed with liberty to the petitioner to implead the Temple and the encroachers and file a fresh writ petition on the same cause of action, which will be considered as and when the case is listed for admission. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar (CO) // True Copy // Sub Assistant Registrar(CS) To 1.The District Collector, Sivagangai & District.

2.The District Revenue Officer, O/o.District Revenue Officer, Sivagangai & District.

3.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Sivagangai.

4.The Tahsildar, 2/3

5.The Land Surveyor(Taluk) +1 CC to M/s.RIGHT LAW ASSOCIATES, Advocate ( SR-88820[F] dated 24/09/2019 ) +1 CC to M/s.SGP ( SR-89403[F] dated 25/09/2019 ) 24.09.2019 KK/SAR/30.09.2019/3P-8C/ 3/3