Devangar Mahajana Sabai Sankaralingapuram Village v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.12.2024

CORAM

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P(MD)No.25625 of 2024 Devangar Mahajana Sabai Sankaralingapuram Village, Represented thro' its Executive Member, Pandiyan

...Petitioner

Vs.

1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional officer, Sattur Sub-Division, Virudhunagar District.

3.The Tahsildar, Virudhunagar Taluk, Virudhunagar District.

...Respondents

Prayer:

Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, to direct the respondents 1 to 3 not to demolish the Arulmighu Senthil Andavar Temple at Sankaralingapuram Village, Virudhunagar Taluk, Virudhunagar District situated in S.No.904, Sankaralingapuram Village, Virudhunagar Taluk, Virudhunagar District by considering pertition representation dated 16.10.2024. 1/5

For Petitioner : Mr.G.mariappan For Respondents : Mr.D.Gandhi Raj Special Government Pleader

O R D E R

This writ petition has been filed for a direction directing the respondents 1 to 3 not to demolish the Arulmighu Senthil Andavar Temple comprised in S.No.904 situated at Sankaralingapuram Village, Virudhunagar Taluk, Virudhunagar District.

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

3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

4. The petitioner represented by its Executive Member of Devangar Mahajana Sabai, Sankaralingapuram Village. Arulmighu Senthil Andavar Temple situated in S.No.904, Sankaralingapuram Village, Virudhunagar Taluk, Virudhunagar District is under consideration of removal as directed by this Court in W.P(MD)No.27320 of 2023 as if, it is situated in Oorani. According 2/5

to the petitioner, it is a temple situated in S.No.904 of Sankaralingapuram Village, whereas, the third respondent directed to remove any encroachment made in S.No.952/1 and 952/2 of Sankaralingapuram Village.

5. The learned Special Government Pleader appearing for the respondents, on instructions, would submit that already encroachment in S.No. 952/1 & 2 were removed. Insofar as the petitioner's temple is concerned, no notice is issued either under Section 6 & 7 of the Encroachment Act.

6. Recording the said submission, this writ petition is closed. No costs. Consequently, connected miscellaneous petition is closed.

7. It is made clear that, if any action is taken to remove the petitioner's temple, the third respondent shall survey the petitioner's temple land and take action in accordance with law.

Internet : Yes Index : Yes/No 18.12.2024 Speaking/Non Speaking order am 3/5

To 1.The District Collector, Virudhunagar District, Virudhunagar.

2.The Revenue Divisional officer, Sattur Sub-Division, Virudhunagar District.

3.The Tahsildar, Virudhunagar Taluk, Virudhunagar District.

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G.K.ILANTHIRAIYAN, J.

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