1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.03.2011 CORAM: THE HONOURABLE Mr.JUSTICE N.PAUL VASANTHAKUMAR and THE HONOURABLE Mr.JUSTICE R.SUBBIAH W.P.(MD)No.443 of 2011 AND M.P.(MD)No.1 of 2011 Arulmigu Sri Vinayagar, Sri Bagavathiamman, Sri Sellandiamman and Sri Karuppannasamy Thirukkovil, Rep.by its President K.Andi Gounder ... Petitioner Vs. 1.The District Collector, Trichy District, Trichy. 2.The Revenue Divisional Officer, Musiri Division, Trichy District. 3.The Tahsildar, Thottiyam Taluk, Trichy District. ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, forbearing the respondents and their men, agents, servants or subordinates from either by interfering with the affairs of the petitioner temple or by demolishing the petitioner temple situated in Survey No.146, Moongilpatti, Unniyur Village, Thottiyam Taluk, Trichy District. For Petitioner : Mr. N.Subramani For Respondents : Mr. M.Rajarajan Govt.Advocate O R D E R (Order of the Court was made by N.PAUL VASANTHAKUMAR,J.) The prayer in the Writ Petition is to issue a Writ of Mandamus, forbearing the respondents and their men, agents, servants or subordinates from either by interfering with the affairs of the petitioner temple or by demolishing the petitioner temple situated in Survey No.146, Moongilpatti, Unniyur Village, Thottiyam Taluk, Trichy District. https://hcservices.ecourts.gov.in/hcservices/ 2 2.According to the petitioner, the said temple was constructed in the year 1963 by a temple committee consisting of 35 members constituted by village public. The temple belongs to the village people of all communities. The temple is situated in a remote village called Moongilpatti, Unniyur Village in Thottiyam Taluk with an extent of east west 40 feet on southern side, 30 feet on northern side and north south 110 feet. The temple is administrated by the temple committee. According to the petitioner, the temple committee had conducted 'Maha Kumbabishekam' on 07.06.1998 by spending a sum of Rs.10,00,000/- and have decided to consecrate 'Maha Kumbabuishekam' in this year. According to the petitioner, the Unniyur Panchayat passed a resolution to the effect that the temple is no way hindrance to the public traffic. Since the petitioner is apprehending the eviction and demolition, this writ petition is filed. 3.The Tahsildar, Thottiyam Taluk, has filed a counter affidavit stating that the temple is constructed in a Government Poramboke area allotted for cart track in the revenue records. The said cart track is now converted as metal road and the said road runs from Kattuputhur to Mohanur main road and mini buses are running in addition to sugarcane lorries and hundreds of tractors and bullock carts are going. The temple being constructed in a cart track whenever eviction proceedings are initiated, the same has to be faced by the petitioner. It is also stated in the counter affidavit that this writ petition is premature one as no step is taken to remove the encroachment as on date. 4.In the light of the said counter affidavit filed by the Tahsildar, Thottiyam Taluk, dated 28.01.2011, the apprehension of the petitioner is having no basis. Hence, the writ petition is disposed of granting liberty to the respondents to proceed with the eviction, if it is required to be evicted, in accordance with law. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (P&A) /True Copy/ Sub Assistant Registrar (C.S) To 1. The District Collector, Trichy District, Trichy. 2. The Revenue Divisional Officer, Musiri Division, Trichy District. 3. The Tahsildar, Thottiyam Taluk, Trichy District. + 1 cc to Mr.N.Subramani, Advocate, SR No.10910 W.P.(MD)No.443 of 2011 01.03.2011 MPK RJ/28.3.11 2p/5c https://hcservices.ecourts.gov.in/hcservices/