Mookkan. R@ Perumal Goundar v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.MAHADEVAN and THE HONOURABLE MR.JUSTICE J.SATHYA NARAYANA PRASAD and W.M.P.(MD) No.21309 of 2022 R.Mookkan @ Perumal Goundar ... Petitioner Vs.
1.The District Collector, Collectorate, 2.The Tahsildar, Manapparai Taluk, 3.The Superintendent of Police, Office of the Superintendent of Police,
4.The Deputy Superintendent of Police, Manapparai, 5.The Inspector of Police, Puthanatham Police Station, 6.Durairaj Gounder ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the 1 to 5 respondents to remove the encroachment made by the 6th respondent in the premises of Pannangombu Bagavathi Amman Temple & Sri Mariyamman Temple, Manapparai Taluk situated in Pannangombu Village, Manapparai Taluk, Trichy District, within the stipulated time fixed by this Court on the basis of the petitioner's representation dated 07.11.2022. For Petitioner :
Mr.K.R.Manimaran For Respondents :
Mr.P.Thilak Kumar Government Pleader for R1 & R2 :
Mr.T.Senthil Kumar Additional Public Prosecutor for R3 to R5
O R D E R
[Order of the Court was made by R.MAHADEVAN, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents 1 to 5 to remove the encroachment made by the sixth respondent in the premises of Pannangombu Bagavathi Amman Temple & Sri Mariyamman Temple, Manapparai Taluk situated in Pannangombu Village, Manapparai Taluk, Trichy District, on the basis of the petitioner's representation dated 07.11.2022, within a time frame.
2. Heard Mr.K.R.Manimaran, learned counsel for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader, who takes notice for the respondents 1 and 2 and Mr.T.Senthil Kumar, learned Additional Public Prosecutor, who takes notice for the respondents 3 to 5. Considering the nature of the order proposed to be passed in this Writ Petition, notice to the sixth respondent is dispensed with.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the admission stage itself.
4. It is the claim of the petitioner that the sixth respondent has made the aforesaid encroachment in the temple property and in this regard, though the petitioner made a representation on 07.11.2022 to the respondents seeking to remove the aforesaid encroachment, till date, no steps have been taken by the respondents to remove the same. Hence, the petitioner has filed this Writ Petition.
5. The Government Pleader appearing for the respondents 1 and 2 submitted that the representation of the petitioner dated 07.11.2022 would be considered by the official respondents and appropriate action will be taken to remove the encroachment, if any, in the place in question for which, the learned counsel for the petitioner is agreeable.
6. Recording the above submission, this Writ Petition is disposed of with a direction to the authorities concerned to consider and dispose of the representation of the petitioner dated 07.11.2022, on merits and in accordance with law. If there is any encroachment in the place in question, the authorities concerned shall remove the same, after affording sufficient opportunity to all the parties concerned and by following due process of law. Such an exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order. No costs. Consequently, connected miscellaneous petition is closed.
[R.M.D., J.] [J.S.N.P., J.] vsm 01.12.2022 To 1.The District Collector, Collectorate, 2.The Tahsildar, Manapparai Taluk,
R.MAHADEVAN , J.
and J.SATHYA NARAYANA PRASAD, J.
vsm 3.The Superintendent of Police, Office of the Superintendent of Police, 4.The Deputy Superintendent of Police, Manapparai, 5.The Inspector of Police, Puthanatham Police Station, 01.12.2022