T.Senthil Kumar Vs the District Collector

Prayer : Petition filed under Article 226 of the Constitution of India seeking of a writ of Mandamus directing the respondents 1 to 3 to stop the construction work of water storage tank carried out by the 6^th and 7^th respondent on the temple land situated in the survey No.198/6 Anupparpalayam Village, Eripatti Post, Pollachi Taluk, Coimbatore District 642 205 on considering the petitioner representation dated 13.09.2024 and letter of the 4^th respondent in Na.Ka.No.152/2024 dated 14.09.2024.

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For Petitioner : Mr.A.Kumar

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For Respondents : Mr.A.Edwin Prabakar State Government Pleader Assisted by Mr.K.Karthik Jegannath Government Advocate for Respondents 1 to 3, 5 & 6

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Mr.S.Ravichandran Addl. Government Pleader (HR&CE) for Respondent-4

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Mr.V.Raghavachari Senior Counsel For Ms.V.Srimathi for Respondent-7

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Page 2 of 7

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

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W.P.No.33421 of 2024

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ORDER

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(Order of the Court was made by the Hon'ble Chief Justice)

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Petitioner, a public spirited person, wants the water storage tank constructed in S.No.198/6, Anupparpalayam Village, Eripatti Post, Pollachi Taluk, Coimbatore removed. This water storage tank has been erected by the Village Panchayat. According to petitioner, a temple named Ayyasamy (Easwaran) temple, which is over 30 years old, is located in the said survey number and the water tank may impede the free movement of worshippers, thereby affecting the ability to enter and exit the temple premises on special occasions. The temple is under the administration of the Tamil Nadu Hindu Religious and Charitable Endowments Department.

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Shri. Kumar submitted that the land where the temple stands has always been used for religious and cultural purposes by the local population. The land is of importance inasmuch as it is used for festivals, rituals and other religious events conducted by the devotees. This is in addition to the ingress and egress being affected.

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Page 3 of 7

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

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W.P.No.33421 of 2024

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HR & CE had raised an objection to the construction of water tank because according to HR & CE, the land belong to them.

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An affidavit of one Dr.M.Sharmila, affirmed on 21.01.2025 is filed on behalf of the first respondent District Collector. In the affidavit, it is stated that the land where the temple is situate or where the storage tank is constructed are natham lands and do not belong to the temple or the Hindu Religious and Charitable Endowments Department. It is also stated that out of the total extent of 21312 sq.ft. in S.No.198/6, the temple is situate only in an extent of 1945 sq.ft. and the e-sevai maiyam is spread over an extent of 1500 sq.ft., while the Over Head Tank (OHT) is to an extent of 120 sq.ft. According to first respondent, the remaining extent lies vacant, which is natham land and by no stretch of imagination, can be termed as temple land.

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It is also stated that considering the growing need of the people of Anupparpalayam village, where there are about 1000 residents, in order to solve the water scarcity and repeated representations having been received

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

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W.P.No.33421 of 2024

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by the Panchayat, the storage tank was constructed.

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Shri. Prabakar has placed on record a typed set containing 13 documents, including the aerial photograph of the land in S.No.198/6. From the photograph, it is clear that the water tank, which is the subject of the petition, is placed in a corner behind the temple and does not affect the ingress and egress to the temple. In fact, the photograph indicates that there is enough open area around the temple. Therefore, petitioner's statement that the construction of the tank may impede the free movement of worshippers thereby affecting their ability to enter and exit the temple premises on special occasions cannot be accepted as true.

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