Madras High Court
S.Marimuthu Samy vs The District Collector on 20 December, 2022
W.P.(MD) No.28490 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 20.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
AND
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.28490 of 2022
and
W.M.P.(MD)Nos.22495 and 22496 of 2022
S.Marimuthu Samy ... Petitioner
-Vs-
1.The District Collector,
Thoothukudi District, Thoothukudi.
2.The Superintendent of Police,
Thoothukudi, Thoothukudi District.
3.The Deputy Superintendent of Police,
Vilathikulam, Thoothukudi District.
Page 1 of 10
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.28490 of 2022
4.The Revenue Divisional Officer,
Kovilpatti, Thoothukudi District.
5.The Tahsildar,
Vilathikulam, Thoothukudi District.
6.The Inspector of Police,
Soorakkudi Police Station,
Thoothukudi District.
7.The Village Administrative Officer,
Vembar Village, Thoothukudi District.
8.The President,
Vembar Village, Thoothukudi District.
9.Sri Pathrakaliamman Kovil of
Hindu Nadar Uravinmurai,
Represented through President,
Vembar-Subramaniapuram,
Vilathikulam Taluk, Tuticorin District.
Page 2 of 10
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.28490 of 2022
10.The Church of South India,
Thoothukudi-Narareth Diocese,
Represented through its Secretary,
Vembar, Tuticorin District.
11.The Correspondent,
TDTA Primary School,
Vembar, Vilathikulam Taluk,
Tuticorin District. ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a
Writ of Mandamus, directing the respondents 1 to 8 herein to ensure that the
Public pathway to access TDTA Primary School, St.Thomair Church and
Karuppasamy Temple in S.No.328/14 situated at Vembar Village, Vilathikulam
Taluk, Thoothukudi District is free to access for the petitioner as well as the
general public by considering the representation dated 09.12.2022 given by the
writ petitioner.
For Petitioner : Mr.T.Mohan,
For Mr.S.Vishnuvardhan
For R1, R4, R5, : Mr.P.Thilak Kumar,
R7 & R8 Government Pleader
For R2, R3 & R6 : Mr.A.Thiruvadikumar,
Additional Public Prosecutor
Page 3 of 10
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.28490 of 2022
ORDER
[Order of the Court was made by D.KRISHNAKUMAR, J.]
This Writ Petition is filed, seeking issuance of a Writ of Mandamus, to
direct the respondents 1 to 8 to ensure that the Public pathway to access TDTA
Primary School, St.Thomair Church and Karuppasamy Temple in S.No.328/14
situated at Vembar Village, Vilathikulam Taluk, Thoothukudi District is free to
access for the petitioner as well as the general public, by considering the
petitioner's representation dated 09.12.2022.
2.Mr.P.Thilak Kumar, learned Government Pleader takes notice for the
respondents 1, 4, 5, 7 and 8, and Mr.A.Thiruvadikumar, learned Additional
Public Prosecutor takes notice for the respondents 2, 3 and 6. Considering the
nature of order proposed to be passed in this Writ Petition, notice to the
respondents 9 to 11 is dispensed with.
3.By consent of both parties, this Writ Petition is taken up for final
disposal at the stage of admission itself.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.28490 of 2022
4.According to the petitioner, the land in question is classified as
Government Natham, which is used as pathway to reach St.Thomair Church and
Karuppasamy Temple. Since there was a dispute between the representatives of
the temple and the 10th respondent, the representatives of the 9th respondent filed
a suit in O.S.No.55 of 1988 on the file of the learned District Munsif, Kovilpatti
and the same was decreed in favour of the 10th respondent, by judgment and
decree dated 17.04.1989. Challenging the same, an appeal has been filed in
A.S.No.141 of 1989 on the file of the learned Subordinate Judge, Tuticorin and
the same was dismissed, by judgment and decree dated 03.111992. Challenging
the said judgment and decree, S.A.No.277 of 1993 was filed and the same was
allowed in favour of the 9th respondent. Aggrieved by the same, the 10t
respondent filed S.L.P.(Civil) No.13998 of 1998 before the Hon'ble Supreme
Court of India and the same was also dismissed. Thereafter, the 9 th respondent
filed W.P.(MD)No.12226 of 2021, forbearing the police authorities from in any
manner interfering with the civil rights of the 9th respondent to put up a
compound wall in the property in question. The said Writ Petition was disposed
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.28490 of 2022
of by an order dated 03.02.2022, based on the submissions made by the learned
Additional Public Prosecutor that the police do no propose to take any action as
the current paper given to them has already been closed.
5.Again yet another Writ Petition in W.P.(MD)No.24320 of 2022 has
been filed by one Kasimaran, who is the President of the 9 th respondent Temple,
seeking police protection for erecting a compound wall around the temple
properties, by considering the representation dated 12.10.2022. After hearing
both the parties, the Writ Petition was allowed, by an order dated 25.11.2022,
granting relief to the petitioner, namely, Kasimaran, for construction of the
compound wall around the temple properties. Now, the petitioner has filed this
Writ Petition with the aforesaid prayer.
6.In the two Writ Petitions referred to above, there is no mentioning of
the survey number of the property, where the 9th respondent is going to construct
the compound wall. Now, it is the case of the petitioner that the property in
Survey No.328/14 is classified as 'Government Natham', as per the revenue
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.28490 of 2022
records. Therefore, based on the order of this Court dated 25.11.2022, made in
W.P.(MD)No.24320 of 2022, construction of compound wall in the property in
question, is illegal.
7.The learned Government Pleader for the respondents 1, 4, 5, 7 and 8
submitted that the representation of the petitioner dated 09.12.2022 would be
considered by the respondents, on merits and in accordance with law, after
providing sufficient opportunity to all the parties concerned, within a period that
may be stipulated by this Court.
8.In view of the above, we direct the 4th respondent to consider the
representation of the petitioner dated 09.12.2022 and pass appropriate orders on
its own merits and in accordance with law, after affording sufficient opportunity
to all the parties concerned, as early as possible, preferably, within a period of
three weeks from the date of receipt of a copy of this order.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.28490 of 2022
9.With the above direction, this Writ Petition stands disposed of. No
costs. Consequently, connected miscellaneous petitions are closed.
[D.K.K., J.] & [R.V., J.]
20.12.2022
Index : Yes / No
Internet : Yes / No
Myr
Note: Issue Order copy on 21.12.2022.
To
1.The District Collector,
Thoothukudi District, Thoothukudi.
2.The Superintendent of Police,
Thoothukudi, Thoothukudi District.
3.The Deputy Superintendent of Police,
Vilathikulam, Thoothukudi District.
4.The Revenue Divisional Officer,
Kovilpatti, Thoothukudi District.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.28490 of 2022
5.The Tahsildar,
Vilathikulam, Thoothukudi District.
6.The Inspector of Police,
Soorakkudi Police Station,
Thoothukudi District.
7.The Village Administrative Officer,
Vembar Village, Thoothukudi District.
8.The President,
Vembar Village, Thoothukudi District.
https://www.mhc.tn.gov.in/judis
W.P.(MD) No.28490 of 2022
D.KRISHNAKUMAR, J.
AND
R.VIJAYAKUMAR, J.
Myr
W.P.(MD)No.28490 of 2022
20.12.2022
https://www.mhc.tn.gov.in/judis
