Justices M Sathyanarayanan and P Rajamanickam observed that the primordial submission made by the petitioner is that since the temple is located from time immemorial, some right has been created. It is open to the concerned people, in charge of the temple, to seek appropriate remedy as the said issues cannot be adjudicated by this court.

HC dismisses panchayat prez plea against removing encroachment
Kaushik Kannan | TNN | Oct 5, 2020, 04:47 IST
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Madurai: Dismissing the petition filed by a panchayat president who sought to forbear the authorities from removing an encroachment in the form of a temple at North Ilanthaikulam village in Tuticorin district, Madras high court observed that though the petitioner himself could have removed the encroachment in his capacity as executive authority, he himself filed the petition after being issued notice by the block development officer (BDO).
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Earlier this year, one P Marimuthupandian filed a petition against authorities as well as against Shanmugaraj, Chellappa and the panchayat president, Ganapathi, seeking steps to remove the alleged encroachment by the trio in the village. Pursuant to an earlier order of the court, the BDO had issued notice on September 3 to the individuals to remove the encroachment in 15 days.
Special government pleader M Muthugeethaiyan submitted that the petitioner appears to support, from his affidavit, encroachment of the temple on public land. A division bench of Justices M Sathyanarayanan and P Rajamanickam observed that the primordial submission made by the petitioner is that since the temple is located from time immemorial, some right has been created. It is open to the concerned people, in charge of the temple, to seek appropriate remedy as the said issues cannot be adjudicated by this court.
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“Nowadays, it has become a fashion to argue that the authorities alone shall follow due process of law, overlooking the fact that the petitioners / private persons are also in equal obligation to follow the law, rules and regulations,” observed the judges. Saying that there is no necessity to offer an opportunity of personal hearing as the BDO had exercised his statutory powers within the four corners of law, the court dismissed the petition .