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Madras High CourtWP(MD)/17729/2018dismissed

K.Dhanaraj, v. The District Collector,

2024-02-28Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.02.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.17729 of 2018 and W.M.P.(MD)No.15617 of 2018 K.Dhanaraj ... Petitioner -Vs1.The District Collector, Pudukottai District, Pudukottai.

2.The Revenue Divisional Officer, Pudukottai, Pudukottai District.

3.The Tahsildar, Thirumayam Taluk, Pudukkottai District.

4.The Superintendent of Police, Pudukkottai District, Pudukkottai.

5.The Inspector of Police, Thirumayam Police Station, Thirumayam, Pudukkottai District.

6.Chockalingam 7.Ganesan

8.Vaithiyalingam 9.Radhakrishnan 10.Jayaraj 11.Kumaran 12.Rathinam

...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 ensure not to put up any permanent structure (Mandapam) or temporary shed in front of Sri Mahamuthumariamman Temple in Survey No.141/1, Meyyapuram Village, Thirumayam Taluk.

For Petitioner : Mr.s.Sankar For R1 to R3 : Mr.S.P.Maharajan Special Government Pleader For R6, R10 & R12: Mr.NA.Palaniyandi For R4 & R5 : Mr.S.S.Madhavan Government Advocate (Crl.Side)

ORDER

[Order of the Court was made by D.KRISHNAKUMAR, J.] This writ petition was filed to direct the respondents 1 to 5 to ensure not to put up any permanent structure (Mandapam) or temporary shed in front of Sri Mahamuthumariamman Temple in Survey No.141/1, Meyyapuram Village, Thirumayam Taluk.

2.Today, when the matter is taken up for hearing, the learned Government Advocate (Crl.side), based on the written instructions, submits that a peace

Committee meeting was conducted on 14.03.2018 and the encroachments made in the Government land were removed by following the procedure as contemplated under Law. A copy of the written instructions of the Inspector of Police dated 27.02.2024 has also been produced before this Court. 3.The learned Special Government Pleader has also produced the proceedings of the Tahsildar dated 13.02.2024, wherein the Tahsildar has stated that there is no such encroachment made by the private respondents causing any hindrance to the public.

4.In view of the above submissions, this Court is not inclined to entertain this writ petition. Accordingly, this writ petition is dismissed. It is for the authorities concerned to take appropriate action for removal of encroachments made in the Government land, if any. No costs. Consequently, connected miscellaneous petition is closed.

[D.K.K., J.] & [R.V., J.] 28.02.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No ta

D.KRISHNAKUMAR, J.

AND R.VIJAYAKUMAR , J.

ta To 1.The District Collector, Pudukottai District, Pudukottai.

2.The Revenue Divisional Officer, Pudukottai, Pudukottai District.

3.The Tahsildar, Thirumayam Taluk, Pudukkottai District.

4.The Superintendent of Police, Pudukkottai District, Pudukkottai.

5.The Inspector of Police, Thirumayam Police Station, Thirumayam, Pudukkottai District.

W.P.(MD)No.17729 of 2018 28.02.2024