This order disposed of two writ petitions concerning alleged land encroachment by a temple. The court directed the petitioner challenging an enclosure notice to file objections and mandated authorities to remove encroachment within a specified timeframe.
Direction to file objections and order authorities to remove encroachment after due process by 3 months.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD) Nos.12894 and 14359 of 2020
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)Nos.12894 and 14359 of 2020
and W.M.P.(MD)No.12008 of 2020 in
W.P.(MD)No.14359 of 2020
C.Asokan ... Petitioner in W.P.(MD)No.12894 of 2020 Suriyagandhi ... Petitioner in W.P.(MD)No.14359 of 2020
-Vs-
Sivagangai, Sivagangai District.
Sivagangai, Sivagangai District.
Ilayankudi Taluk, Sivagangai District.
Page 1 of 6
W.P.(MD) Nos.12894 and 14359 of 2020
4.Adaikala Madha Temple,
Represented by St.Adaikala Annai Trust,
Rep. by its Trustee, Kattanur, Muthur Post, Salaigramam Via, Ilayankudi Taluk, Sivagangai District.
5.Surya Gandhi
... Respondents
in W.P.(MD)No.12894 of 2020
Sivagangai District, Sivagangai.
Ilayankudi Taluk, Sivagangai District.
3.The Village Administrative Officer, 47, Kattanur Group, Ilayangudi Taluk, Sivagangai District.
... Respondents
in W.P.(MD)No.14359 of 2020
PRAYER in W.P.(MD)No.12894 of 2020 : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 3 herein to remove the encroachments made in Old Survey No.87/4, subsequently, re-surveyed as new Survey No.246/4 in Kattanur Village, Ilayankudi Taluk, Sivagangai District by the respondents 4 and 5 herein.
Page 2 of 6
W.P.(MD) Nos.12894 and 14359 of 2020
PRAYER in W.P.(MD)No.14359 of 2020 : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, calling for the records relating to the impugned notice issued by the 3rd respondent dated 03.10.2020 under Section 5 of the Tamil Nadu Land Encroachment Act, 1905.
In W.P.(MD)No.12894 of 2020
For Petitioner : Mr.T.Pon Ramkumar For R1 to R3 : Mr.S.P.Maharajan, Special Government Pleader For R5 : Mr.B.Prahalad Ravi
In W.P.(MD)No.14359 of 2020
For Petitioner : Mr.B.Prahalad Ravi For Respondents : Mr.S.P.Maharajan, Special Government Pleader
COMMON ORDER
[Order of the Court was made by R.MAHADEVAN, J.]
Claiming that the respondents 4 and 5 had encroached the land in Old Survey No.87/4, subsequently, re-surveyed as new Survey No.246/4 in Kattanur
Page 3 of 6
W.P.(MD) Nos.12894 and 14359 of 2020
Village, Ilayankudi Taluk, Sivagangai District, the petitioner made several representations to the respondents 1 to 3 and finding no heed to them was paid, he has filed W.P.(MD)No.12894 of 2020.
2.Based on the representation given by the petitioner in W.P.(MD)No. 12894 of 2020, the Village Administrative Officer, Ilayangudi Taluk, has issued a notice dated 03.10.2020 under Section 5 of the Tamil Nadu Land Encroachment Act, 1905 to the 5th respondent. Aggrieved by the same, the 5th respondent has filed W.P.(MD)No.14359 of 2020.
3.Today, when the matter was taken up for hearing, the learned counsel for the petitioner in W.P.(MD)No.14359 of 2020 sought time to the petitioner for filing her objections to the impugned notice dated 03.10.2020.
4.In view of the above, without going into the merits of the case, this Court directs the petitioner in W.P.(MD)No.14359 of 2020 to file her objections to the impugned notice dated 03.10.2020 before the authorities concerned within
Page 4 of 6
W.P.(MD) Nos.12894 and 14359 of 2020
a period of three weeks from the date of receipt of a copy of this order. On receipt of such objections, the authorities concerned are directed to consider the same and take appropriate action for removal of encroachment, after affording sufficient opportunity to all the parties concerned and by following due process of law, within a period of eight weeks thereafter.
5.With the above direction, these Writ Petitions stand disposed of. No
costs. Consequently, connected miscellaneous petition is closed.
[R.M.D., J.] & [J.S.N.P., J.]
10.11.2022
Index : Yes / No Internet : Yes / No Myr To
1.The District Collector, Sivagangai, Sivagangai District.
Page 5 of 6
W.P.(MD) Nos.12894 and 14359 of 2020
R.MAHADEVAN, J.
AND
J.SATHYA NARAYANA PRASAD, J.
Myr
Ilayankudi Taluk, Sivagangai District.
W.P.(MD)Nos.12894 and 14359 of 2020
10.11.2022
Page 6 of 6
1 issue framed by the court
Whether to direct authorities to remove encroachments on temple land after representations were ignored.
2 provisions across 2 enactments
C. Asokan
Suriyagandhi
The District Collector, Sivagangai
The Revenue Divisional Officer, Sivagangai
The Tahsildar, Ilayankudi Taluk
The Village Administrative Officer, Ilayangudi Taluk
R. MAHADEVAN
J. SATHYA NARAYANA PRASAD
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
