The High Court closed a writ petition seeking a mandamus to prevent police interference with a vehicle parking area on temple land, noting the matter was already settled by a Division Bench in a prior appeal.
The writ petition and connected miscellaneous petitions are closed.
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.No. 5029 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 19.06.2023
CORAM
THE HON'BLE MRS. JUSTICE J.NISHA BANU
Writ Petition No. 5029 of 2020 and
W.M.P. No. 5941 of 2020
Alangudi Village Panchayat Rep by its President A.M.Mohan, Alangudi Village, (Gurusthalam) Valangaiman Taluk, Thiruvarur District. ... Petitioner Vs.
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W.P.No. 5029 of 2020
Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, to direct the 5th and 6th respondents to forbear from interfering with the peaceful running of “vehicle parking” comprised in the punja lands in survey No. 45/2A measuring hectares 0.09.71 and in survey no. 45/2B measuring hectares 0.03.19, in Alangudi Village, Valangaiaman Taluk, Thiruvarur District by the petitioner except under due process of law.
For Petitioner : Mr. S. Sathiaseelan For Respondents : Mr. K.Karthikeyen (HR & CE)
Government Advocate for R1 to R6 Mr. Rajendran for R7
ORDER
This Writ Petition has been filed seeking for a direction to the 5th and 6th respondents to forbear them from interfering with the peaceful running of “vehicle parking” comprised in the punja lands in survey No. 45/2A measuring hectares 0.09.71 and in survey no. 45/2B measuring hectares 0.03.19, in Alangudi Village, Valangaiman Taluk, Thiruvarur District.
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W.P.No. 5029 of 2020
2.At the time of admission of this Writ Petition, this Court by order dated 27.02.2020 has directed the petitioner – President, Alangudi Village Panchayat as follows:-
“7.This Court permits the petitioner to use the land as a car parking till 12.03.2020 and no further. The petitioner is directed to file an affidavit stating that the Panchayath does not have any further interest in the said land and that the title of the land is to be decided only between the temple authorities and the seventh respondent. If an affidavit is not filed the respondent police is at liberty to proceed in accordance with law, to evict even anyone remotely connected with the petitioner from the said area.”
3.As against the said directions, the petitioner had preferred an appeal in W.A.No.333 of 2020. The 1st Bench of this Court by order dated 04.08.2020
disposed of the Writ Appeal, with the following observations:-
“13.We have considered the submissions raised and
we find that the seventh respondent is claiming title over the land and from the order of the learned Single Judge, it is also apparent that the appellant / village panchayat does not have any right, title or claim over the land rather whatever claim is being canvassed is allegedly of the Lord Abath Sagayeeswarar Temple, Lord Abhayavaratharaja
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W.P.No. 5029 of 2020
Perumal Temple at Alangudi Village, Valangaiman Taluk, Thiruvarur District.
14.Consequently, we find that to that extent, the conclusion drawn by the learned Single Judge does not suffer from any such infirmity for our interference in this appeal.
15.The appellant, it appears only the aggrieved on account of the observation made by the learned Single Judge of the consequence of non filing of the affidavit and which had already been taken care of by us under the interim order dated 12.03.2020 extracted herein above.
16.At present, therefore, no further orders are required in the exercise of jurisdiction under Article 226 of the Constitution of India without prejudice to the rights of the parties to contest their claim before the appropriate forum in accordance with law.
17.We therefore, dispose of the appeal finally subject to above and in terms of the interim order dated 12.03.2020. No costs. Consequently, connected miscellaneous petitions are closed.”
4.Since the issue involved in this Writ Petition had already been settled
by the Division Bench, when the interim order dated 27.02.2020 was taken on appeal, wherein the Division Bench of this Court has confirmed the findings
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W.P.No. 5029 of 2020
of the learned Single Judge and gave liberty to the parties to contest their
claim before the appropriate forum in the manner known to law.
5.Accordingly, this Writ Petition stands closed. No costs. Consequently,
connected miscellaneous petition is closed.
Jer 19.06.2023 Index : Yes / No Internet : Yes / No Neutral citation : Yes / No Speaking order/Non-speaking order
To 1. The Secretary to Govt. of Tamil Nadu Department of HR & CE St. George Fort Chennai-9.
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W.P.No. 5029 of 2020
J. NISHA BANU, J. ,
Jer
Writ Petition No. 5029 of 2020
19.06.2023
Page 6/6
Alangudi Village Panchayat Rep by its President A.M.Mohan
Secretary to Govt. of Tamil Nadu Department of HR & CE
Commissioner Department of HR & CE
Joint Commissioner Department of HR & CE
Assistant Commissioner/ Executive Officer Abath Sagayeeswarar Temple & Abhaya Varadharaja Perumal Temple
C.R. Srinivasa Ramanan
J. Nisha Banu
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
