Madras High Court
T.Arunkarthikyean vs The District Collector on 28 June, 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 28.06.2021
CORAM:
The Hon'ble Mr.JUSTICE T.S.SIVAGNANAM
AND
The Hon'ble Mrs.JUSTICE S.ANANTHI
W.P.(MD).No.6421 of 2021
T.Arunkarthikyean ...Petitioner
Vs.
1. The District Collector,
Dindigul District.
2. The Superintendent of Police,
Dindigul District.
3. Assistant Director (Panchayats)
Dindigul District.
4. The Executive (Panchayats)
Vatlagundu Town Panchayat,
Melamanthai Street,
Batlagundu,
Dindigul District.
5. The Thasildar,
Nilakottai Taluk,
Dindigul District.
1/6
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6. The Inspector of Police,
Batlagundu Police Station,
Batlagundu,
Dindigul District. ....Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India, directing the 4th respondent to remove the encroachments made as
a newly developed roof-hut temple with an idol by some volatile group in
the Government Poramboke Land which classified as Panchayat Street in
the Village Account as S.No.1347, in Market Street, Opposite to
Ulavarsanthai, Batlagundu, Dindigul District, with the help of Police,
within a time to be fixed by this Court.
For Petitioner : Mr.R.Suryanarayanan
For Respondent : Mr.A.K.Manickam,
Senior Counsel for Govt.
For R1 to R3 & R5 & R6.
Mr.A.Karthik
For R4
ORDER
[Judgment of the Court was delivered by T.S.SIVAGNANAM,J.]
The petitioner by way of this writ petition seeks for a direction
upon the respondents, more particularly, the fourth respondent to remove
the encroachment made as a newly developed thatched roof over an idol,
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which is under a peepal tree.
2. A counter affidavit has been filed stating that the idol is in
existence for over 50 years and if it is removed, it will cause lot of
problems in the area and the sentiments of public will be affected. The
petitioner does not seek for removal of the idol. But, he is only
concerned about the unauthorized thatched roof, which has been put up.
A photograph has been produced, from which, we are able to see the
entire street that there is an encroachment.
3. In fact, the Town Panchayat has laid a paver block in the
road and by digging the paver block, the thatched roof has been erected
on both sides of the road. There are shops selling vessels etc. Therefore,
we direct the fourth respondent to remove the thatched roof above the
idol and allow the idol to be present under the tree. Similarly, all
temporary encroachments on either side of the road should be removed
by giving 24 hours notice and the sixth respondent/ The Inspector of
Police, Batlagundu Police Station, shall provide adequate police
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protection. If the vessels which are displayed in the road are not
removed, then, the fourth respondent shall remove the same
departmentally and recover the cost from the encroachers.
4. With the above directions, this Writ Petition stands
disposed of. There shall be no order as to costs.
(T.S.S.,J.) (S.A.I.,J.)
28.06.2021
Index : Yes/No
Internet : Yes/No
kmm
Note: Issue Order Copy on 29.06.2021
Note : In view of the present lock down owing to COVID-19 pandemic, a
web copy of the order may be utilized for official purposes, but, ensuring
that the copy of the order that is presented is the correct copy, shall be
the responsibility of the advocate/litigant concerned.
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To
1. The District Collector,
Dindigul District.
2. The Superintendent of Police,
Dindigul District.
3. Assistant Director (Panchayats)
Dindigul District.
4. The Executive (Panchayats)
Vatlagundu Town Panchayat,
Melamanthai Street,
Batlagundu,
Dindigul District.
5. The Thasildar,
Nilakottai Taluk,
Dindigul District.
6. The Inspector of Police,
Batlagundu Police Station,
Batlagundu,
Dindigul District.
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T.S.SIVAGNANAM, J.
and
S.ANANTHI, J.
kmm
Order made in
W.P.(MD).No.6421 of 2021
Dated:
28.06.2021
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