Shri Harihara Periyanna Ayyannar Temple v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 27.12.2024
CORAM:
THE HONOURABLE MR. JUSTICE V.LAKSHMINARAYANAN and W.M.P.No.43010 of 2024 Shri Harihara Periyanna Ayyannnar Temple Represented by its Hereditary Trustee J.Muralidaran South Street, Thattampalayam Melkumaramangalam Post, Panruti Taluk Cuddalore - 607 205
...Petitioner
Vs 1.
The District Collector Gundu Salai Road, Alpet Manjakuppam, Cuddalore District.
2.
The District Revenue Officer Cuddalore District.
3.
The Block Development Officer (Village Panchayat) Anna Gramam Panchayat Union Panrutti Taluk, Cuddalore District.
4.
The President Thattampalayam Panchayat Thattampalayam, Panruti Taluk Cuddalore District.
...Respondents
1/4
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents not to interfere or put up any further constructions in S.Nos.252/1 and 252/3 admeasuring 3.06 acres in Thattampalayam, Melkumaramangalam Post, Panruti Taluk, Cuddalore belonging to the petitioner Temple in pursuance of the representation dated 07.11.2024.
For Petitioner :
Mr.T.Balaji For Respondents :
Mr.M.Rajendiran Additional Government Pleader for R1 to R3 Mr.P.Harish Government Advocate, for R4
O R D E R
The petitioner claims that the fourth respondent is encroaching upon his property and hence he has sought for a writ of mandamus restraining the fourth respondent from proceeding further with the construction in S.Nos.252/1 and 252/3 of Thattampalayam Village, Melkumaramangalam Post, Panruti Taluk, Cuddalore District.
2. Whether the 4th respondent is encroaching upon the Temple lands or what is the extent of encroachment cannot be gone into by way 2/4
of writ petition. The appropriate remedy is to file a suit for title and for injunction before the jurisdictional Civil Court. Hence, I am not inclined to entertain the writ petition.
3. At this stage, Mr.T.Balaji, learned counsel for writ petitioner pleads that some interim protection can be granted to the petitioner since the Courts are closed for the vacation.
4. Both parties shall maintain status-quo for a period of four weeks. The Civil Court shall decide the suit and any interim applications on the basis of merits of the applications filed before it. Accordingly, this Writ Petition is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.
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V.LAKSHMINARAYANAN .J., mk / gpa To 1.
The District Collector Gundu Salai Road, Alpet Manjakuppam, Cuddalore District.
2.
The District Revenue Officer Cuddalore District.
3.
The Block Development Officer (Village Panchayat) Anna Gramam Panchayat Union Panrutti Taluk, Cuddalore District.
4.
The President Thattampalayam Panchayat Thattampalayam, Panruti Taluk Cuddalore District.
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