Karupasamy R v. The District Collector And The Chairman

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE A.D.JAGADISH CHANDIRA and THE HONOURABLE MS.JUSTICE R.POORNIMA R.Karuppasamy ... Petitioner vs.

1. The District Collector and the Chairman, District Building Plan Regulation Committee,

2. The Revenue Thasildhar, Revenue Thasildhar Office, Kokkirakulam, Palayankottai Taluk,

3. The Commissioner, Tirunelveli Corporation, Tirunelveli.

4. The Joint Commissioner, Joint Commissioner Office, HR & CE Department, Palayankottai Taluk, 1/7

5. The Inspector of Police, Palayamkottai Police Station, Tirunelveli City,

6. C.Christober

7. Sankaran P ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the respondents 1 to 3 to remove the unauthorized construction made in temple Poramboke land situated in TS No.2004, Block No.23, Ward No.10 BJ, Palayamkottai Taluk, Tirunelveli District based on the petitioner's representation dated 18.07.2025. For Petitioner : Mr.S.Kishore Kumar For R1, R2 & R4 : Mr.J.Ashok Addl. Government Pleader For R3 : Mr.S.P.Maharajan Spl. Government Pleader For R5 : Mr.T.Senthil Kumar Additional Public Prosecutor

O R D E R

(Order of the Court was made by A.D.JAGADISH CHANDIRA, J.) This writ petition has been filed for issuance of a writ of Mandamus, directing the respondents 1 to 3 to remove the unauthorized construction made in 2/7

Temple poramboke land situated in TS No.2004, Block No.23, Ward No.10 BJ, Palayamkottai Taluk, Tirunelveli District, based on the petitioner's representation dated 18.07.2025.

2. Heard Mr.S.Kishore Kumar, learned counsel for the petitioner; Mr.J.Ashok, learned Additional Government Pleader, who takes notice on behalf of the respondents 1, 2 and 4; Mr.S.P.Maharajan, learned Special Government Pleader, who accepts notice on behalf of the third respondent; and Mr.T.Senthil Kumar, learned Additional Public Prosecutor, who accepts notice on behalf of the fifth respondent.

3. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself. Having regard to the nature of the order proposed to be passed in this writ petition, notice to the respondents 6 and 7 is dispensed with.

4. Alleging that the respondents 6 and 7 have unlawfully encroached upon the Temple poramboke land in TS No.2004, Block No.23, Ward No.10 BJ, 3/7

Palayamkottai Taluk, Tirunelveli District and constructed an unauthorized shopping complex thereon without any valid documents to establish their title, the petitioner submitted a representation dated 18.07.2025 to the respondents 1 to 5, requesting them to take appropriate action. However, since no action was taken on the said representation, the petitioner has now approached this Court by filing the present Writ Petition. It is further submitted that contempt proceedings related to this issue are also pending before this Court in respect of another writ petition in W.P.(MD) No.18776 of 2019.

5. Learned counsel for the petitioner would further submit that the petitioner would be satisfied if a direction is issued to the third respondent to consider the representation of the petitioner dated 18.07.2025 and pass appropriate orders thereon, within a time frame to be fixed by this Court.

6. Considering the above facts and circumstances, without going into the merits of the case, this Writ Petition is disposed of with a direction to the third respondent, to consider the representation of the petitioner dated 18.07.2025 and pass appropriate orders in accordance with law, after affording an opportunity of 4/7

hearing to all the parties concerned. Such exercise shall be completed as expeditiously as possible, preferably within a period of eight (8) weeks from the date of receipt of a copy of this order. It is also made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the third respondent to consider the same on its own merits. No costs. [A.D.J.C.,J.] & [R.P.,J.] 01.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes PKN To

1. The District Collector and the Chairman, District Building Plan Regulation Committee,

2. The Revenue Thasildhar, Revenue Thasildhar Office, Kokkirakulam, Palayankottai Taluk,

3. The Commissioner, Tirunelveli Corporation, Tirunelveli.

5/7

4. The Joint Commissioner, Joint Commissioner Office, HR & CE Department, Palayankottai Taluk,

5. The Inspector of Police, Palayamkottai Police Station, Tirunelveli City, 6/7

A.D.JAGADISH CHANDIRA, J.

AND R.POORNIMA, J.

PKN ORDER MADE IN DATED : 01.08.2025 7/7