The Madurai Bench of the Madras High Court disposed of a writ petition seeking directions to remove unauthorized constructions on temple land. The Court held that a prior order from a Division Bench remains in force and passing a similar order again is unnecessary. It advised the petitioner to pursue existing remedies for non-compliance.
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) No.4569 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.02.2024
CORAM:
THE HONOURABLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE P.DHANABAL
W.P.(MD) No.4569 of 2024 and W.M.P.(MD) No.4406 of 2024
T.Lakshmikanthan ... Petitioner
-vs-
4.The Fit Person Arulmighu Suyamprakasa Easwarar Temple Iluppakudi Devasthanam Iluppakudi Village Karaikudi, Sivagangai District ... Respondents
_____________ Page 1 of 6_
PRAYER:
W.P.(MD) No.4569 of 2024
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the second respondent to remove the unauthorized constructions made in Survey Nos.429/1 and 133/9, Soodamanipuram, Karaikudi Municipality, Sivagangai District, by considering the petitioner's representation dated 30.01.2024.
For Petitioner : Mr.T.Veerakumar For Respondents : Mr.P.Thilakkumar Government Pleader for R1 & R3 Mr.D.Venkatesh, Standing Counsel, for R2 Mr.V.R.Shanmuganathan for R4
O R D E R
[Order of the Court was made by The Hon'ble CHIEF JUSTICE]
Heard Mr.T.Veerakumar, learned counsel for the petitioner, Mr.P.Thilakkumar, learned Government Pleader, for the respondents 1 & 3, Mr.D.Venkatesh, learned Standing Counsel, for second respondent and Mr.VR.Shanmuganathan, learned counsel, for the fourth respondent.
2. Learned counsel for the petitioner submits that the fourth respondent possessed huge area of land. 8 Acres of land was unauthorizedly
Page 2 of 6
W.P.(MD) No.4569 of 2024
sold. Unauthorized constructions are made on OSR land also. No steps are taken for removal of encroachments, though earlier orders were passed by this Court. Reference is made to the order dated 30.10.2023, passed in W.P.(MD) No.10034 of 2009 with connected writ petitions.
3. According to the learned counsel for the petitioner, subsequent to the said order, the petitioner could get an information under the Right to Information Act, 2005, from the second respondent that there are about 170 encroachments and unauthorized constructions and taxes have been levied for the unauthorized constructions.
4. Learned counsel for the petitioner submits that unauthorized constructions are not removed.
5. This Court would not pass the same order again and again. The order is already passed by the Division Bench of this Court in W.P.(MD) No. 10034 of 2009 with connected writ petitions on 30.10.2023 laying down the steps to be undertaken for survey and demarcation of illegal and unauthorized constructions. Directions are given to the Hindu Religious and Charitable Endowments Department to initiate appropriate action. So also, the Court
_____________ Page 3 of 6_
W.P.(MD) No.4569 of 2024
has cautioned that the order shall be complied with within the time limit as stipulated by the Court and in the event of failure, further action is to be initiated, since several orders have been passed by this Court to demolish unauthorized constructions and to remove encroachments.
6. When the said order is already in force, there is no necessity to pass another order of the same nature. If the order passed by this Court is not complied with, the petitioner has a better remedy available with him. He can adopt the said remedy.
7. Writ petition is accordingly disposed of. No costs. Consequently, connected miscellaneous petition is closed.
[S.V.G., C.J.] [P.D.B., J.] 28.02.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No
krk
_____________ Page 4 of 6_
W.P.(MD) No.4569 of 2024
To:
Page 5 of 6
W.P.(MD) No.4569 of 2024
THE HONOURABLE CHIEF JUSTICE and P.DHANABAL , J.
krk
W.P.(MD) No.4569 of 2024 and W.M.P.(MD) No.4406 of 2024
28.02.2024
_____________ Page 6 of 6_
2 issues framed by the court
Whether to pass a fresh order directing removal of unauthorized constructions when an earlier order remains uncomplied with.
What remedy is available to the petitioner if the prior order of this Court is not complied with.
Colour shows how this judgement treated each authority
W.P.(MD) No.10034 of 2009Referred¶6
T. Lakshmikanthan
The District Collector, Sivagangai District
The Commissioner, Karaikudi Municipality
The Director, Town and Country Planning
Fit Person Arulmighu Suyamprakasa Easwarar Temple
Sanjay V. Gangapurwala
P. Dhanabal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
