Disposed

R.Mayilsamy v. The State of Tamilnadu

Madras HC18 Dec 2024WP(MD)/30758/2024

Case brief

AI extract

What is this about?

In a writ petition under Article 226 concerning alleged encroachment on temple land, the High Court granted the petitioner liberty to file a fresh representation to official respondents on encroachment, directing them to consider it and pass orders within three months.

What did the court decide?

Petitioner granted liberty to file a fresh representation; respondents directed to consider it, hold hearings, and pass orders within 3 months.

R.Mayilsamy Vs The State of Tamilnadu — Landlord and Tenant | Madras HC (2024)

¶1

WP(MD). No.30758 of 2024

¶2

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

¶3

Dated : 18/12/2024

¶4

CORAM

¶5

THE HONOURABLE MR. JUSTICE M.S.RAMESH AND THE HONOURABLE DR. JUSTICE A.D. MARIA CLETE

¶6

WP(MD). No.30758 of 2024

¶7

R.Mayilsamy ... Petitioner

¶8

¶9

The State of Tamilnadu, Rep by its Secretary, (In the Rank of Additional Chief Secretary) Department of Tourism, Culture and Religious Endowments, Government of Tamilnadu. Fort St. George, Chennai 600 009.

¶10

The Commissioner, Hindu Religious and Charitable Endowment, 119, Mahatma Gandhi Road, Nungambakkam, Chennai 600 034..

¶11

The District Collector, Collectorate Building. Madurai- 625 020..

¶12

1/7

¶13

https://www.mhc.tn.gov.in/judis

¶14

WP(MD). No.30758 of 2024

¶15

The Commissioner, Madurai City Municipal Corporation, Aringar Anna Maligai, Thallakulam. Madurai - 625 002..

¶16

The Revenue Divisional Officer, Collectorate Building. Madurai- 625 020..

¶17

The Joint Commissioner, Hindu Religious and Charitable Endowment, B-1 Road, Eliss Nagar, Madurai. 625 016..

¶18

The Assistant Commissioner, Hindu Religious and Charitable Endowment, B-1 Road, Elise Nagar, Madurai. 625 016..

¶19

The Assistant Commissioner, Zone 3 ( Cenral), Madurai Corporation Central Office, West Marret Street, Madurai 625 001..

¶20

Arulmigu Sri Prasanna Venkatesa Perumal Temple Trust, 2, Therku Krishnankovil Street, S.Krishnan Koil Street, Madurai Main, Madurai 625 001.. 10. N.Manimaran ... Respondents

¶21

PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of MANDAMUS or any other

¶22

2/7

¶23

https://www.mhc.tn.gov.in/judis

¶24

WP(MD). No.30758 of 2024

¶25

order or direction in the nature of the Writ, directing the respondents No. 1 to 8 herein to remove the encroachment and unauthorized construction made by the 10 respondent Situated at No. 70, Thiruparankundram Road (AA Rathinapuram Road), Madurai -11, Old Patta No. 478, T.S. No. 2001, Ward No. 75, Zone 3 (Central), Madurai City total extend of 1 Acre and 81 Cents by consider the petitioners representation dated 07.12.2022 within stipulated time fixed by this Court.

¶26

For Petitioner : M/s.J.M.Arvind Pawlraj

¶27

For Respondents : Mr.P.Thilak Kumar for R1 to R3, Government Pleader and R5 to R8

¶28

Mr.K.K.Sivabalan for R3 and R6

¶29

ORDER

¶30

(Order of the Court was made by M.S.RAMESH, J.)

¶31

By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

¶32

Since no adverse order is going to be passed against the 10^th respondent, notice to the 10^th respondent is dispensed with.

¶33

The petitioner has filed this writ petition for a mandamus to

¶34

direct the respondents Nos. 1 to 8 herein to remove the encroachment and

¶35

3/7

¶36

https://www.mhc.tn.gov.in/judis

¶37

WP(MD). No.30758 of 2024

¶38

unauthorized construction made by the 10 respondent Situated at No. 70, Thiruparankundram Road (AA Rathinapuram Road), Madurai -11, Old Patta No. 478, T.S. No. 2001, Ward No. 75, Zone 3 (Central), Madurai City total extend of 1 Acre and 81 Cents by consider the petitioners representation dated 07.12.2022 within stipulated time fixed by this Court.

¶39

In order to remove the encroachment and unauthorized construction alleged to have been made in the aforesaid survey number, the petitioner has given a representation to the official respondents on 07.12.2022. Pursuant to the said representation, communication has been issued by the respondents and the local body Ombudsman issued directions vide order dated 19.01.2023 to resume the temple land from the encroachers. However, since no action has been taken so far, the petitioner is before this Court.

¶40

Since there is a considerable lapse of time after the earlier representation was made and the communication issued by the official respondents, the petitioner herein is granted liberty to give a fresh

¶41

4/7

¶42

https://www.mhc.tn.gov.in/judis

¶43

WP(MD). No.30758 of 2024

¶44

representation to the concerned respondent, ventilating his grievances, as expeditiously as possible. On receipt of such a representation, the concerned respondent is directed to consider the same, on its own merits and pass appropriate orders in accordance with law, after giving due opportunity to the petitioner and the private respondent, as well as any other persons, who may be interested in the subject matter, within a period of three (3) months from the date of receipt of the representation. It is made clear that this Court has not expressed any of its views with regard to the merits of the matter and that it is open to the concerned respondent to consider the same, on its own merits.

¶45

With the above direction, the Writ Petition stands disposed of.

¶46

No costs.

¶47

[M.S.R.,J] [A.D.M.C.,J] 18.12.2024

¶48

NCC : Yes/No Index : Yes/No RR

¶49

5/7

¶50

https://www.mhc.tn.gov.in/judis

¶51

WP(MD). No.30758 of 2024

¶52

¶53

The Secretary, Department of Tourism, Culture and Religious Endowments, Government of Tamilnadu. Fort St. George, Chennai 600 009.

¶54

The Commissioner, Hindu Religious and Charitable Endowment, 119, Mahatma Gandhi Road, Nungambakkam,Chennai 600 034..

¶55

The District Collector, Collectorate Building. Madurai- 625 020..

¶56

The Revenue Divisional Officer, Collectorate Building. Madurai- 625 020..

¶57

The Joint Commissioner, Hindu Religious and Charitable Endowment, B-1 Road, Eliss Nagar, Madurai. 625 016..

¶58

The Assistant Commissioner, Hindu Religious and Charitable Endowment, B-1 Road, Elise Nagar, Madurai. 625 016..

¶59

https://www.mhc.tn.gov.in/judis

¶60

6/7

¶61

WP(MD). No.30758 of 2024

¶62

M.S. RAMESH, J. AND A.D.MARIA CLETE, J.

¶63

¶64

WP(MD).No.30758 of 2024

¶65

18.12.2024

¶66

7/7

¶67

https://www.mhc.tn.gov.in/judis

R.Mayilsamy v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

R.Mayilsamy v. The State of Tamilnadu

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

Similar cases

S.Kumar Vs The District Collector

Singaraj @ Singaravelu Vs The District Collector

Mamundi Vs the District Collector

D.Duraipandian Vs The District Collector/Monitoring Committee

Abdulsalam Vs The District Collector

S.Balan Vs The District Collector