IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:   04.08.2022

CORAM :

THE HON’BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE

AND

THE HON’BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.Nos.2966 and 7021 of 2022 and W.M.P.No.3133 of 2022

W.P.No.2966 of 2022 Settu @ Angamuthu .. Petitioner

vs

1. The District Collector,

Office of the District Collector,     Villupuram District,     Villupuram 605 755.

2. The Tahsildar,

Kandachipuram,

Kandachipuram Taluk,     Villupuram District 605 755.

3. The Village Administrative Officer,

Sennakunam Village,

Kandachipuram Taluk,     Villupuram District 605 755.

4. Kaliyamurthy .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the 1st and 2nd respondents to take action and remove the encroachment made by the 4th respondent in S.No.153/1, Sennakunam Village, Kandachipuram Taluk, Villupuram District and land is classified as Kulam Poromboke a water course land to an extent of 2.88 hectares alternatively 0.50 cents and approximately 7 Acres on the basis of the petitioner representation dated 01.12.2021.

W.P.No.7021 of 2022

N.Kanikannan  .. Petitioner

vs

1. The District Collector, Villupuram District,
2. The Tahsildar,

Kandachipuram Taluk,     Kandachipuram,

Villupuram District.

3. Settu @ Angamuthu
4. Selvaraj .. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the first and second respondents to remove the encroachments in the Poramboke land which is classified as “Mandhai” situated in Survey No.157/2, Chennakunam Village, Kandachipuram Taluk, Villupuram District within a time frame.

For the Petitioner

in WP.2966/2022 : Mr.S.Venkatesh in WP.7021/2022 : Mr.C.Munusamy

For the Respondents

in WP.2966/2022                    : Mr.P.Muthukumar

State Govt. Pleader for RR 1 to 3

: Mr.C.Munusamy for R-4

in WP.7021/2022                    : Mr.P.Muthukumar

State Govt. Pleader for RR 1 and 2

: Mr.S.Venkatesh for R-3

:  No appearance for R-4

* * * * *

COMMON ORDER

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

By these writ petitions, the petitioners seek a direction on the official respondents to remove the encroachments by the private

respondents on the land in S.No.153/1 and S.No.157/2 at Chennakunam Village, Kandachipuram Taluk, Villupuram District.

2. P.Muthukumar, learned State Government Pleader

appearing for the first and second respondents, submits that action

to remove the encroachment on the land of waterbody in

S.No.153/1 has already been initiated and notice under Section 7 of the Tamil Nadu Land Encroachment Act, 1905, was issued on 31.03.2022 and the proceedings would be completed at the earliest after applying the provisions of law.  In reference to S.No.157/2, he

would submit that action would be taken to remove the

encroachment as per the provisions of law.

3. Learned counsel for the fourth respondent in W.P.No.2966 of 2022 submits that the Tahsildar has put a lock on the temple and accordingly, he may be directed to remove the lock so that the

villagers may offer their prayers to the deity.

4. We have considered the submissions of the parties and find that the official respondents have already initiated action to remove the encroachment in S.No.153/1 and with regard to S.No.157/2, it

is agreed that action would be initiated to remove the

encroachment.

5. In view of the above, these writ petitions are disposed of with a direction to remove the encroachment from both the survey numbers given above after applying the provisions of law. The exercise for removal of encroachment, if any found in reference to S.No.157/2, should be initiated within two weeks and completed within four months. So far as S.No.153/1 is concerned, the exercise

to remove the encroachment should be completed as per the

provisions of law within a period of two months from today.

6. Furthermore, the photographs produced in Court would

reveal that there is some construction going to install a deity, which

appears to be a recent construction only to grab the land of waterbody and thus, the prayer of the fourth respondent to save it or to direct the Tahsildar to open the deity for offering prayers cannot be accepted because the effort is nothing but to somehow encroach the land of waterbody in the name of religion, despite the judgment of the Apex Court not endorsing the construction of a temple or installation of a deity on the Government land and in the instant case, there is nothing on record to show permission to install a deity or construct a temple.

With the aforesaid, the writ petitions are disposed of.  No

costs.  Consequently, W.M.P.No.3133 of 2022 is closed.

(M.N.B., CJ.)           (D.B.C., J.)

04.08.2022

Index : Yes/No sra

To:

1. The District Collector,

Office of the District Collector,     Villupuram District,     Villupuram 605 755.

2. The Tahsildar,

Kandachipuram,

Kandachipuram Taluk,     Villupuram District 605 755.

3. The Village Administrative Officer,

Sennakunam Village,

Kandachipuram Taluk,

Villupuram District 605 755.

M.N.Bhandari, CJ.      and

D.Bharatha Chakravarthy, J.

(sra)

 

W.P.Nos.2966 and 7021 of 2022

 

04.08.2022