Ravichandran. S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.11.2022

CORAM

THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD W.P(MD)No.25497 of 2022 S.Ravichandran ... Petitioner Vs.

1.The District Collector, Office of the District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Trichy.

3.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

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.. Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Mandamus, to direct the respondents to evict the land in Survey No.6/13A which originally belongs to the Arulmigu Pidari Ayyanar Temple situated at K.Sathanoor, Trichy District with effect to the representation sent by petitioner dated 28.07.2022 and consequently update computerized patta in the name of the above said temple.

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For Petitioner : Mr.Ramesh Mahadev For Respondents : Mr.P.Thilak Kumar Government Pleader * * *

O R D E R

(Order of the Court was made by R.MAHADEVAN, J.) The petitioner has come forward with this writ petition praying to issue a writ of mandamus, directing the respondents to evict the encroachers in Survey No.6/13A, which originally belongs to Arulmigu Pidari Ayyanar Temple, situated at K.Sathanoor, Trichy District, based on his representation dated 28.07.2022 and consequently to update the computerized patta in the name of the above said temple.

2.

Heard Mr.Ramesh Mahadev, learned counsel for the petitioner and Mr.P.Thilak Kumar, learned Government Pleader, who accepts notice on behalf of the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage itself.

3.

Claiming that the land in Survey No.6/13A, Ward AS, Block No.004, K.Sathanoor Village, Trichy District, belongs to 2/5

Arulmigu Pidari Ayyanar Temple, situated at K.Sathanoor, Trichy District and it is now encroached by some individuals, the petitioner submitted a representation to the 3rd respondent on 28.07.2022, and the same, according to the learned counsel for the petitioner, remains as such. Hence, the Writ Petition.

5.

Learned counsel for the petitioner would further submit that though the petitioner has sought for a larger relief, he would be satisfied, if a direction is issued to the second respondent to dispose of his representation dated 28.07.2022, within a time frame.

6.

Considering the limited scope of the prayer now sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner, either in the representation or in the affidavit filed in support of the Writ Petition, this Writ Petition is disposed of with a direction to the 3rd respondent to consider the representation of the petitioner dated 28.07.2022, and pass appropriate orders on merits and in accordance with law. If there is any encroachment as claimed by the petitioner, after issuing notice and conducting survey in the 3/5

presence of the petitioner and any other parties concerned, the authorities concerned shall take necessary action for removal of the encroachment in the temple land in Survey No.6/13A, Ward AS, Block No.004, K.Sathanoor Village, Trichy District, after affording an opportunity of hearing to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. No costs.

[R.M.D., J.] [J.S.N.P., J.] 10.11.2022 Internet : Yes / No Index : Yes / No sj To 1.The District Collector, Office of the District Collector, Trichy District, Trichy.

2.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Trichy.

3.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

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R.MAHADEVAN, J.

and J.SATHYA NARAYANA PRASAD , J.

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