Madras High CourtWP(MD)/731/2024dismissed

Jeyaram v. The Commissioner

2024-01-31Honourable Mr Justice D. Krishnakumar,Honourable Mr Justice R.Vijayakumar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.01.2024

CORAM:

THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.731 of 2024 Jeyaram ... Petitioner Vs.

1.The Commissioner, Hindu Religious and Charitable and Endowment, No.119, Uthamar Gandhi Road, Thousand Lights, Nungambakkam, Chennai - 600 034.

2.The Executive Officer, (Sri Veera Anjeneyar Temple), Sri Ramanatha Pajanai Madam, No.49, Anumar Kovil Padidurai, Simmakkal, Madurai District - 625 001.

3.The District Collector, District Collector Office,

4.The Revenue Divisional Officer, Office of the Revenue Divisional, 5.The Tahsildar, Madurai East Taluk, Madurai District - 625 107.

6.Senthur Pandian ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing to the respondents No.1 to 5 to remove the encroachments (Cattle Shed) made by the 6th respondent in Mutt property of Sree Ramananda Sani Vara Pajanai Madam in Survey No.110/8, to an extent of 33 cents in Narasingam Revenue Village, Y. Othakadai Taluk, Madurai District after conducting proper Survey as per law based on the petitioners representation on 23.08.2023 and 30.11.2023, within a stipulated time that may be fixed by this Court.

For Petitioner :

Mr.R.Senthilkumar For Respondents :

Mr.N.Satheeshkumar, Addl. Govt. Pleader for R3 to R5 Mr.S.Manokar for R2 Mr.S.P.Maharajan, Special Govt. Pleader for R1 Mr.S.Chellapandian for R6

O R D E R

[Order of the Court was made by D.KRISHNAKUMAR, J.] This Writ Petition has been filed for issuance of a Writ of Mandamus, directing to the respondents No.1 to 5 to remove the encroachments (Cattle Shed) made by the 6th respondent in Mutt property of Sree Ramananda Sani Vara Pajanai Madam in Survey No.110/8, to an extent of 33 cents in Narasingam Revenue Village, Y. Othakadai Taluk, Madurai District after conducting proper Survey as per law based on the petitioner's representations on 23.08.2023 and 30.11.2023, within a stipulated time fixed by this Court.

2. By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

3. The second respondent has filed a counter affidavit, wherein it is stated that there is no shed in the property in S.No.110/8 in Narasingam Village and the Department has put up boundary stones and there is no encroachment in the property in question.

4. Recording the same, this Writ Petition is dismissed. There shall be no order as to costs.

[D.K.K., J.] [R.V., J.] 31.01.2024 NCC : Yes / No Index : Yes / No vsm

To 1.The Commissioner, Hindu Religious and Charitable and Endowment, No.119, Uthamar Gandhi Road, Thousand Lights, Nungambakkam, Chennai - 600 034.

2.The Executive Officer, (Sri Veera Anjeneyar Temple), Sri Ramanatha Pajanai Madam, No.49, Anumar Kovil Padidurai, Simmakkal, Madurai District - 625 001.

3.The District Collector, District Collector Office, 4.The Revenue Divisional Officer, Office of the Revenue Divisional, 5.The Tahsildar, Madurai East Taluk, Madurai District - 625 107.

D.KRISHNAKUMAR , J.

and R.VIJAYAKUMAR, J.

vsm W.P.(MD)No.731 of 2024 31.01.2024