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Madras High CourtWP(MD)/23321/2024closed

A.M.Sundaravel v. The District Collector

2024-10-21Honourable Mr Justice R. Subramanian,Honourable Mrs Justice L.Victoria Gowri6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 21.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI A.M.Sundaravel ... Petitioner vs.

1.The District Collector, Tirunelvlei District, Tirunelveli - 627 009.

2.The Commissioner, Tirunelveli Corporation, Tirunelveli City.

3.The Archaeological Officer, Department of Archaeology, No.236, Tiruchendur Road, Palayamkottai, Tirunelveli.

4.The Joint Commissioner, Palayamkottai, 5.The District Revenue Officer, Tirunelveli Revenue District, Tirunelveli.

Page No.1 of 6

6.The Executive Officer, Palaiyansalai Kumarasamy Temple, Tirunelveli, 7.The Tahsildar, Tirunelveli Taluk, ... Respondents Prayer : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1, 2 and 4 to direct the respondents 5 to 7 to remove the encroachments and hindrance made at the temple premises and the entrance area of the temple namely, Palaiyansalai Kumarasamy Temple, Tirunelveli Junction, Tirunelveli District, by considering the petitioner's representation dated 03.02.2021 and 20.03.2023 within a stipulated period as framed by this Court.

For Petitioner : Mr.A.M.Sundaravel Party-in-Person For R1 and R3 to R7 : Mr.P.Thilakkumar Government Pleader For R2 : Mr.S.P.Maharajan Special Government Pleader

ORDER

(Order of the Court was made by R.SUBRAMANIAN, J.) The report filed by the Executive Officer shows that there is a huge arrears of rent at Rs.14,49,224/- due and payable by the tenants, who are occupying 10 shops that are constructed by the Temple and leased out, purportedly, to augment the revenue of the Temple. The quantum of rent varies Page No.2 of 6

from Rs.1,500/- to Rs.10,000/-. The tabular column, which shows the arrears, is as follows:- Tenant Name and address as per DCB Block No / Survey No Monthly Rent Annual Rent 2023-2024 Arrears of Rent Aramvalarthammal S/o.Murugan S.N.High Road Tvl Junction T.S.Ward 11 Survey No.

84000 281500 Beer Ammal S.N.High Road Tvl Junction T.S.Ward 11 Survey Nos.

1083, 1084 10000 120000 135500 K.M.Vivegam S.N.High Road Tvl Junction T.S.Ward 11 Survey No.

87600 275489 Subbaiya Pillai S/o.Sathasivam Pillai S.N. High Road, Tirunelveli Junction T.S.Ward 11 Survey No.

18000 Narayana Pillai S.N. High Road, Tirunelveli Junction T.S.Ward 11 Survey No.

19200 T.S.Thiruvadi S.N. High Road, Tirunelveli Junction T.S.Ward 11 Survey No.

90000 59400 Y.P.Yobu Nadar S.N. High Road, Tirunelveli Junction T.S.Ward 11 Survey No.

102000 67800 M.S.Pandi S.N. High Road, Tirunelveli Junction T.S.Ward 11 Survey No.

91200 314820 Sahul Hameedu S.N. High Road, Tirunelveli Junction T.S.Ward 11 Survey No.

94800 126950 Page No.3 of 6

Paldurai Raj S/o.Pandiyan Nadar S.N. High Road, Tirunelveli Junction T.S.Ward 11 Survey No.

86400 178265 Total 66100 793200 1449224

2. The Executive Officer has claimed that the fair rent as fixed has been collected periodically and steps were being taken to collect the arrears of rent in due course and she will take necessary action for recovery of arrears of the rent.

3. Recording the above said statement of the Executive Officer, this Writ Petition is closed. No costs.

(R.S.M, J.) (L.V.G, J.) 21.10.2024 Index : No : No smn2 To 1.The District Collector, Tirunelvlei District, Tirunelveli - 627 009.

2.The Commissioner, Tirunelveli Corporation, Tirunelveli City.

Page No.4 of 6

3.The Archaeological Officer, Department of Archaeology, No.236, Tiruchendur Road, Palayamkottai, Tirunelveli.

4.The Joint Commissioner, Palayamkottai, 5.The District Revenue Officer, Tirunelveli Revenue District, Tirunelveli.

6.The Executive Officer, Palaiyansalai Kumarasamy Temple, Tirunelveli, 7.The Tahsildar, Tirunelveli Taluk, Page No.5 of 6

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

smn2 ORDER MADE IN DATED : 21.10.2024 Page No.6 of 6