Madras High Court
P.Marimuthu vs 8 A/M.Mariamman Temple on 6 January, 2023
W.P. No.106 OF 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 06.01.2023
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P. No.106 OF 2023
P.Marimuthu ... Petitioner
versus
1 The State of Tamil Nadu
rep by its Secretary to Government
Department of Highways and Ports
Secretariat, Chennai- 600 009.
2 The District Collector, Erode District.
3 The Special District Revenue Officer
TN Road Sector Project II
38-A Gothawari Street
Highways Colony, Salem- 636 005.
4 The Divisional Engineer
TN Road Sector Project II
(Land Acquisition) Room No.416 and 417
Collectorate, 4th Floor Tiruppur- 641 604
5 The Special Tahsildar
Tamil Nadu Road Sector Project II
Room No.419 Collectorate
Tiruppur- 641 604
6 The Commissioner
Erode Municipal Corporation
Erode- 638 001.
Page 1 of 6
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W.P. No.106 OF 2023
7 The Assistant Commissioner
Hindu Religious and Charitable Endowment Department
Jawan Building Gandhiji Road
Erode- 638 001.
8 A/m.Mariamman Temple
rep by its Executive Officer
Veerappanchatram, Erode- 638 004. ... Respondents
Prayer: Writ Petition under Article 226 of the Constitution of India praying for a
Writ of Mandamus directing the respondents 1 to 7 to remove the offending
construction of the 8th respondent temple from the Government poromboke in
R.S.No.93/2 Erode Village and Town to facilitate the formation of Four Lane and
Strengthening of Chithode-Erode Road (SH15) by considering the petitioner’s
representation dated 21.11.2022 under the Tamil Nadu highways Act 2022 and
other eviction laws for the time being in force and pass orders.
For the Petitioner : Mr.N.Manokaran
For the Respondents : Mr.J.Ravindran,
Additional Advocate-General
assisted by Mr.A.Selvendran,
Special Government Pleader
for respondents 1 to 5
Mr.N.R.R.Arun Natarajan,
Special Government Pleader,
for respondents 7 and 8
ORDER
(Made by the Hon'ble Acting Chief Justice)
The petitioner has filed this writ petition seeking a direction upon
respondents 1 to 7 to remove the offending construction of the 8 th respondent
temple in the Government poromboke land in R.S.No.93/2, to facilitate the
formation of four lane road and strengthening of Chithode-Erode road.
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W.P. No.106 OF 2023
2. In the affidavit filed in support of the writ petition, the petitioner has
stated that the subject property comprised in old S.F.No.93A was classified as
‘Government Poromboke-Local Fund Road’ and old S.F.No.93B was classified
as ‘Included within Erode Municipality’. The Government laid highways road to
connect Erode-Gobichetipalayam-Sathyamangalam covering a distance of 66
km in old S.F.No.93. The eighth respondent temple was constructed in S.F.No.93
in the year 1955. Later, a portion of the road poromboke under occupation of the
eighth respondent has been sub-divided as R.S.No.93/2 and the road is in
R.S.No.93/1. As per the guidelines issued by the Indian Road Congress, the
actual width of the road should be 120 feet for laying four lanes but it has been
reduced to 70 feet. Moreover, the disputed location is lying within 1 km from the
central bus stand at Erode and the area is highly congested. The petitioner sent
a detailed representation dated 21.11.2022 to the official respondents to remove
the temple and encroachment, and legal notice was also issued to the official
respondents on 29.11.2022, requesting them to remove the offending
construction specifically between CNC College and Bharathi Theatre Pirivu, to
facilitate the formation of four lane for SH15. It is also stated that the petitioner is
not against the construction of temple for worship or for removal thereof. The
petitioner has mentioned that the first respondent has issued G.O.Ms.No.437,
dated 13.09.2010 in line with the judgment of the Hon'ble Supreme Court in SLP
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W.P. No.106 OF 2023
(C) No.8516 of 2006 (Union of India vs. State of Gujarat) for removal of
unauthorised construction of Temples/Churches/Mosques/Gurudwara in and
over the Government/poromboke lands, and wanted action to be taken to
remove the eighth respondent temple.
3. In response to the above, Mr.N.R.R.Arun Natarajan, learned Special
Government Pleader appearing for Hindu Religious and Charitable Endowments
Department, submitted that the subject place has been settled by settlement
deed dated 16.05.1956, towards the temple. Therefore, when the temple has
been in existence from the year 1955, it is not known why the petitioner wants
demolition of the temple which is serving the religious needs of the people living
in and around the area.
4. From the photographs enclosed by learned counsel for the petitioner in
the typed-set of papers, we could see that the temple is a Mariamman temple
and it is in existence from the year 1955. The revenue records also show that the
land covered in S.No.93/2 has been classified as ‘temple land’. The Highways
Department is the competent authority to decide the issue. In case, the subject
land is required for widening the road, the Department would take necessary
action. We do not find any public interest in the writ petition.
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W.P. No.106 OF 2023
5. The writ petition fails and the same is dismissed. There will be no order
as to costs. Consequently, WMP No.95 of 2023 is closed.
(T.R., ACJ.) (D.B.C., J.)
06.01.2023
Index : Yes/No
Neutral Citation : Yes/No
tar
To
1 The Secretary to Government
Department of Highways and Ports
Secretariat, Chennai- 600 009.
2 The District Collector, Erode District.
3 The Special District Revenue Officer
TN Road Sector Project II
38-A Gothawari Street
Highways Colony, Salem- 636 005.
4 The Divisional Engineer
TN Road Sector Project II
Collectorate, 4th Floor Tiruppur- 641 604
5 The Special Tahsildar
Tamil Nadu Road Sector Project II
Tiruppur- 641 604
6 The Commissioner,
Erode Municipal Corporation,
Erode- 638 001.
7 The Assistant Commissioner,
Hindu Religious and Charitable Endowment Department,
Jawan Building Gandhiji Road,
Erode- 638 001.
https://www.mhc.tn.gov.in/judis
W.P. No.106 OF 2023
T.RAJA, ACJ,
and
D.BHARATHA CHAKRAVARTHY, J.
(tar)
W.P. No.106 OF 2023
06.01.2023
https://www.mhc.tn.gov.in/judis
