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Madras High CourtWP(MD)/21720/2019disposed of

P.Sarveswaran v. The District Collector

2025-08-04Honourable Mr Justice S.M. Subramaniam,Honourable Dr.Justice A.D.Maria Clete6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM and THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P(MD)No.18452 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, 1/6

5.The Land Surveyor (Taluk), 6.The Assistant Commissioner, HR & CE Department, Paramakudi & Taluk, Ramanathapuram District.

7.Balasubramaniam 8.Soundararajan 9.Meena Kauruppayi 10.Bose ... 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 6 to remove the 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 stipulated by this Court.

For Petitioner : Mr.R.Venkatesan for M/s.Right Law Associates For RR 1 to 5 : Mr.R.Baskaran Additional Advocate General Assisted by Mr.S.P.Maharajan Special Government Pleader 2/6

For R - 6 : Mr.P.Subbaraj Special Government Pleader For RR 7 & 10 : Mr.S.Arivalagan For R - 8 : Mr.C.Susikumar For R - 9 : Not ready in notice

ORDER

(Order of the Court was made by S.M.SUBRAMANIAM, J.) Today, when the matter is taken up for hearing, Mr.R.Baskaran, the learned Additional Government Pleader appearing for the respondents 1 to 5 submitted that encroachments and illegal occupations of the Temple property have been identified by the Joint Commissioner of Hindu Religious and Charitable Endowment Department. He further submitted that eviction proceedings have been initiated under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act and that the enquiry is in progress.

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2.In view of the above submissions, the official respondents are directed to complete the enquiry by following the procedures as contemplated under the relevant statutes and Rules and remove the encroachments, within a period of four months from the date of receipt of a copy of this order.

3.With the above directions, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected Miscellaneous Petition is closed.

[S.M.S.,J.] & [A.D.M.C.,J.] 04.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes ps 4/6

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, 5.The Land Surveyor (Taluk), 6.The Assistant Commissioner, HR & CE Department, Paramakudi & Taluk, Ramanathapuram District.

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S.M.SUBRAMANIAM , J.

and DR.A.D.MARIA CLETE , J.

ps ORDER MADE IN DATED : 04.08.2025 6/6