1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 22.07.2011 CORAM: THE HONOURABLE MR.JUSTICE P.JYOTHIMANI AND THE HONOURABLE MR.JUSTICE M.DURAISWAMY W.P.(MD).No.2086 of 2011 and M.P.(MD)No.1 of 2011 A.C.Avudaiyappan : Petitioner Vs. 1.The District Collector, Thoothukudi District, Thoothukudi. 2.Revenue Divisional Officer, Tiruchendur. 3.Tahsildar, Sathankulam Taluk. 4.Sathankulam Town Panchayat, Represented by its Executive Officer, Sathankulam, Thoothukudi District. 5.L.S.Pechimuthu Asari, Trustee, Sri Angala Eswari Amman Temple, Thachamozhi Village, Chettiar Nadutheru, Sathankulam-628 704, Thoothukudi District. : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to take appropriate action in accordance with law to ensure that no further encroachment is committed by the fifth respondent herein while reconstructing the Sri Angala Eswari Amman Temple in Thachamozhi Village, Sathankulam, Tuticorin District. For Petitioner : Mr.G.R.Swaminathan For Respondents 1to3 : Mr.Aayiram K.Selvakumar Government Advocate For Respondent No.4 : No Appearance For Respondent No.5 : Mr.G.Thalaimutharasu O R D E R [Order of the Court was made BY P.JYOTHIMANI, J] The Writ Petition is for a direction against respondents 1 to 4 to take appropriate action in accordance with law to ensure that the fifth respondent does not make further encroachment, while re-constructing Sri Angala Eswari Amman Temple in Thachamozhi Village, Sathankulam, Tuticorin District. https://hcservices.ecourts.gov.in/hcservices/ 2 2. The fifth respondent has today filed a counter-affidavit, in which, he has clearly stated that he will not extend the building by encroachment. The relevant portion of the counter-affidavit is as follows: "5. I humbly submit that since the outer wall of the temple are dilapidated and may collapse at any time due to passage of time in the interest of every one, we have already shifted the idol to the adjacent temple. Therefore, we are taking steps to demolish the outer wall and build in the very same place without extending or encroaching even a single inch." 3. Recording the said statement made by the fifth respondent in the counter-affidavit, the Writ Petition stands closed. Consequently, the connected miscellaneous petition is also closed. No costs. Sd/- Assistant Registrar (T & P) /True copy/ Sub Assistant Registrar(C.S) To 1.The District Collector, Thoothukudi District, Thoothukudi. 2.The Revenue Divisional Officer, Tiruchendur. 3.The Tahsildar, Sathankulam Taluk. 4.The Executive Officer, Sathankulam Town Panchayat, Sathankulam, Thoothukudi District. +1. CC to the Special Government Pleader, SR.No. 24442 +1. CC to Mr.G.Thalaimutharasu, Advocate, SR.No. 24218 +1. CC to Mr.G.R.Swaminathan, Advocate, SR.No. 24431 SML Order made in W.P.(MD).No.2086 of 2011 Dated:- 22.07.2011 TR : 02.08.2011: 2p/8c https://hcservices.ecourts.gov.in/hcservices/