Madras High Court
S.S. Ramasubbu vs / on 10 January, 2025
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P.(MD)No.764 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.01.2025
CORAM:
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.(MD)No.764 of 2025
S.S. Ramasubbu ... Petitioner
/Vs./
1. The District Collector
District Collector Office, Tenkasi,
Tenkasi District.
2. The District Revenue Officer
District Revenue Office,
Tenkasi, Tenkasi District.
3. The Revenue Divisional Officer,
Revenue Divisional Office, Tenkasi,
Tenkasi District.
4. The Tahsildar
Tahsildar Office,
Alangulam, Tenkasi District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India,
to issue of Writ of Mandamus, directing the respondents more
particularly 1st respondent to consider the representation of the petitioner
dated 14.12.2024 and pass suitable orders on merits and in accordance
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W.P.(MD)No.764 of 2025
with law in relation to encroachment and putting hurdles and spokes to
the wheel of celebration of Poojas Kodai Festivals to the deities of Sri
Arulmighu Mutharamman Kovil, Alangulam, Tenkasi District forthwith.
For Petitioner : Mr.S.Palanivelayutham
For Respondents : Mr.M.Senthil Ayyanar
Government Advocate
ORDER
This writ petition has been filed for a direction, directing the first respondent to consider the representation of the petitioner dated 14.12.2024.
2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself. Heard the learned counsel on either side and perused the materials placed before this Court.
3. The petitioner is claiming to be the Trustee of Sri Arulmighu Mutharamman Kovil, Alangulam, Tenkasi District and it is a private temple. One property comprised in S.No.422/1B measuring to an extent of 1 Acre 3.36 cents situated at Alangulam, Tenkasi District and it is used 2/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.764 of 2025 by the devotees for celebration of festivals and ceremonies of the deities. Now, the apprehension of the petitioner is that the respondents are putting spokes on the wheel of celebration of festival.
4. The learned Government Advocate for the respondents, on instructions, submitted that the villagers filed a Public Interest Litigation before the Hon'ble Division Bench of this Court, in W.P.(MD)No.29498 of 2024 alleging that the petitioner is encroaching the Government Poromboke land. The Hon'ble Division Bench, by order dated 06.12.2024, directed the revenue officials to consider the representation submitted by the villagers, by conducting enquiry and pass order within a period of three months. In pursuant to the order passed by the Hon'ble Division Bench of this Court, the first respondent herein issued notice and proceeded with enquiry.
5. Therefore, the petitioner, being the encroacher, now by way of this writ petition restraining the respondents from taking any action to remove the encroachment. Therefore, this Writ Petition is devoid of merit and the same is liable to be dismissed. 3/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.764 of 2025
6. Accordingly, this Writ Petition stands dismissed. No costs.
10.01.2025
Index : Yes / No
NCC : Yes / No
LS
TO:-
1. The District Collector
District Collector Office,
Tenkasi,
Tenkasi District.
2. The District Revenue Officer
District Revenue Office,
Tenkasi, Tenkasi District.
3. The Revenue Divisional Officer, Revenue Divisional Office, Tenkasi, Tenkasi District.
4. The Tahsildar Tahsildar Office, Alangulam, Tenkasi District.
4/5 https://www.mhc.tn.gov.in/judis W.P.(MD)No.764 of 2025 G.K.ILANTHIRAIYAN, J.
LS Order made in W.P.(MD)No.764 of 2025 Dated:
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