P.Tamil Selvi v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.08.2023

CORAM:

THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE C.KUMARAPPAN P.Tamil Selvi ... Petitioner -vs1.The Commissioner Hindu Religious and Charitable Endowment Chennai 2.The District Collector Madurai District 3.The Joint Commissioner HR & CE Department Madurai Region, Madurai 4.The Joint Director Mines and Minerals Madurai 5.The Executive Officer Shri Sabari Malai Iyyanar Thirukoil Panaiyur, Madurai 6.C.Dhanabalan 7.T.Elango 8.R.Malaiyarasi 9.A.Madalai Servai ... Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 5 to remove the encroachment / retrieve the agricultural land comprising Survey No.30/2, admeasuring an extent of 8 Acres 43 Cents belongs to Sri Sabari Malai Ayyanar Thirukovil, Panaiyur, Madurai District, from the respondents 6 to 9, based on the representation dated 20.06.2023, within a time frame stipulated by this Court.

For Petitioner :

Mr.S.Dhayalan For Respondents :

Mr.P.Thilakkumar Government Pleader for R1 to R5

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] We have heard Mr.S.Dhayalan, learned counsel appearing for the petitioner and Mr.P.Thilakkumar, learned Government Pleader, appearing for the respondents 1 to 5.

2. Learned counsel for the petitioner submits that the respondents 6 to 9 are in possession of the land belonging to Sri Sabari Malai Ayyanar Thirukovil. The lease period expired long back, however, no action was taken. Even the terms of the lease are violated.

3. Learned Government Pleader appearing for the respondents 1 to 5 submits that at present, the entire land is in occupation of the fifth respondent and no part of the land is given to nor in occupation of the respondents 6 to 9.

4. The statement of the learned Government Pleader is accepted.

5. Moreover, if any encroachment is noticed on the said land, it is for the Authorities to take action in accordance with law.

6. The writ petition is accordingly disposed of. No costs. [S.V.G., .C.J.] [C.K., J.] 29.08.2023 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No krk

To:

1.The Commissioner, Hindu Religious and Charitable Endowment, Chennai.

2.The District Collector, Madurai District.

3.The Joint Commissioner, HR & CE Department, Madurai Region, Madurai.

4.The Joint Director, Mines and Minerals, Madurai.

5.The Executive Officer, Shri Sabari Malai Iyyanar Thirukoil, Panaiyur, Madurai.

THE HONOURABLE CHIEF JUSTICE and C.KUMARAPPAN , J.

krk 29.08.2023