This writ petition challenged the non-removal of encroachments on temple land. The High Court directed respondents to remove a Kalyana Mandapam and Kalai Arangam after giving notice, distinguishing these from the main temple structure based on counter-affidavit.
Direction to respondents to remove the Kalyana Mandapam and Kalai Arangam after giving notice.
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1
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated : 11.09.2017
CORAM :
THE HONOURABLE MR.JUSTICE K.K.SASIDHARAN AND THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
W.P(MD)No.15085 of 2015
R.Pitchai
... Petitioner
Vs.
1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Executive Engineer, Public Works Department, (Water Resources Organisation) Gundaru basin Division, Tallakulam, Madurai – 2.
4.The Tahsildar, Thiruchuli Taluk, Virudhunagar District.
5.Chandran 6.Santhanam ... Respondents
Prayer : Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing the respondents to remove the encroachments made in Thamaraikulam Kanmai situated in S.No.67 of Thiruvidanallur Village, Thiruchuli Taluk, Virudhunagar District by considering the petitioner's representation dated 02.02.2015, within the time frame stipulated by this Court.
For Petitioner : Mr.S.Prem Kumar for Mr.M.Suresh Kumar For Respondents : Mr.M.Govindan, Spl.G.P. For RR1 to 4 Mr.G.Rajaraman for Mr.M.C.Swamy for RR5 and 6
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O R D E R
(Order of the Court was made by G.R.SWAMINATHAN, J.)
The writ petitioner seeks removal of the encroachments made in Thamaraikulam Kanmai situated in S.No.67 of Thiruvidanallur Village, Thiruchuli Taluk, Virudhunagar District. He has given a representation dated 02.02.2015.
2.The second respondent has filed his counter affidavit stating that the temple in question is a very old one and that it has been in existence since time immemorial. The writ petitioner would however allege that a Kalyana Mandapam and Kalai Arangam have also been constructed. If that be so, the same shall be removed after giving notice to the concerned parties. This direction to remove the encroachment is in respect of Kalyana Mandapam and Kalai Arangam, and not relating to temple.
3.The writ petition is disposed of with the above direction. No costs.
Sd/-
Assistant Registrar(CS-I)
/True Copy/
Sub Assistant Registrar
To
+1cc to M/S.R.Murali, Advocate SR.No. 78086 +1cc to M/S.M.C.Swamy, Advocate SR.No. 78278 +1cc to Special Government Pleader, SR.No. 78619
W.P(MD)No.15085 of 2015
11.09.2017
skm/arul JM/JC/SAR 2/22.09.2017/2P/4C
1 issue framed by the court
Whether the respondents are directed to remove encroachments made in temple land upon the petitioner's representation.
1 provisions across 1 enactments
R.Pitchai
District Collector
Executive Engineer
Assistant Executive Engineer
Tahsildar
Chandran
K.K.SASIDHARAN
G.R.SWAMINATHAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
