V.Annalakshmi v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.08.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN V.Annalakshmi ... Petitioner -vs1.The District Collector Office of District Collector Thanthonimalai-639 007 Karur District 2.The Revenue Divisional Officer Kulithalai Revenue Division Kulithalai-639 104, Karur District 3.The Assistant Commissioner Hindu Religious and Charitable Endowments Department Near Nirmala Hospital, Karur-639 001 4.The Executive Officer Mudalaipatti Arulmigu Ayyanar Temple Kulithalai Taluk, Karur District Administrator by Arulmigu Vadatheertha Nathaswamy Temple Andanallur-639 101 Srirangam Taluk, Trichy District

5.The Inspector General of Police Central Zone Office of Inspector General of Police Opp.Jammal Mohamed College TVS Tolgate, Trichy-620 020 6.V.Paulraj ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus to direct the respondents 1 to 5 to remove the encroachments in Survey No.56, 3-91.5 Hec.are Arulmigu Ayyanar Temple land and adjoining poramboke situated in Mudalaipatti Village, Kulithalai Taluk, Karur District, within the time stipulated by this Court. For Petitioner :

Mr.A.Arun For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R3

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.A.Arun, learned counsel appearing for the petitioner and Mr.P.Thilakkumar, learned Government Pleader, appearing for the respondents 1 to 3.

2. The petitioner seeks a direction to the respondents 1 to 5 to remove the encroachments in Survey No.56 alleging that the same is a temple land of the fourth respondent.

3. Learned Government Pleader appearing for the respondents 1 to 3, on instructions, submits that a survey was made and encroachments were found of four persons. As such, on 26.10.2022, a notice was issued to the encroachers for removal of encroachments. Thereafter, the fourth respondent - Temple has moved a petition under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and the same is now pending before the Commissioner.

4. As the fourth respondent - Temple has already taken steps for removal of encroachments, no further orders are necessary in the writ petition.

5. The writ petition is accordingly disposed of. No costs. [S.V.G., .C.J.] [C.K., J.] 30.08.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The District Collector, Office of District Collector, Thanthonimalai-639 007, Karur District.

2.The Revenue Divisional Officer, Kulithalai Revenue Division, Kulithalai-639 104, Karur District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Near Nirmala Hospital, Karur-639 001.

THE HONOURABLE CHIEF JUSTICE and C.KUMARAPPAN , J.

krk 30.08.2023