Madras High Court
Sankaravel vs The District Collector on 24 March, 2025
W.P.(MD)No.5068 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 24.03.2025
CORAM
THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN
W.P.(MD) No.5068 of 2025
Sankaravel ... Petitioner
vs.
1.The District Collector,
Virudhunagar District,
Virudhunagar.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Sattur,
Virudhunagar District.
3.The Tahsildar,
Taluk Office,
Sattur,
Virudhunagar District.
4.Muthiah
5.The Block Development Officer,
Sattur Union, Sattur,
Virudhunagar District.
(R5 has been impleaded vide order
dated 25.02.2025.) ... Respondents
1/8
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W.P.(MD)No.5068 of 2025
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus, directing the 1st respondent to
provide the basis amenities of Water, electricity, rest room and shelter at
the Arulmigu Sakkammal @ Sakkadevi Kovil, situated in Survey No.117
with an extent of 16.16 acres, at E.Muthulingapuram Village, Sattur
Taluk, Virudhunagar District or grant permission to the petitioner's
sangam to provide the same.
For Petitioner :Mr.R.Murugappan
For R1 to R3 & R5:Mr.G.Suriyananth
Government Advocate
For R4 : Ms.Sindhuja
ORDER
The writ petition relates to Arulmigu Sakkammal @ Sakkadevi
Kovil situated at E.Muthulingapuram Village, Sattur Taluk, Virudhunagar
District.
2.The petitioner states that this temple is a famous one and lot of
persons throng this temple during mkhthir, ngsh;zkp, gpuNjh\k;,
kfh rptuhj;jpup and on auspicious days, like Tuesday and Friday. The
petitioner pleads that the basic amenities, like electricity, water, shelter
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and toilets are not available in the temple, which is causing lot of
disturbance and inconvenience to the worshipping public. Hence, the
petitioner moved the Revenue Department and the Block Development
Officer, Virudhunagar Union, to provide these facilities. As the same was
not provided, he has come forward with the present writ petition.
3.The petitioner alleges that the fourth respondent is an adjacent
land owner and is making all efforts to encroach upon the property.
Hence, the petitioner impleaded him as a party to the said proceedings.
4.When the writ petition came up for admission,
Mr.G.Suriyananth, took notice for the State respondents and I ordered
notice to the fourth respondent. Ms.Sindhuja has entered appearance for
the fourth respondent.
5.Ms.Sindhuja has produced a typed set of papers and in
particular draws my attention to the judgment and decree in O.S.No.101
of 2003 on the file of the District Munsif Court, Sattur. She pleads that
the suit was presented by the fourth respondent and his father as
Poosaries of Arulmighu Sakkammal @ Sakkadevi Kovil for permanent
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injunction. She states that after contest, the suit came to be decreed. She
points out that the District Collector had attempted to develop the
property, constraining the private Trust, of which the fourth respondent is
a Secretary, to file a writ petition in W.P.(MD) No.25217 of 2024.
6.In the said writ petition, an interlocutory application was moved
for interim injunction. This Court was also pleased to grant an injunction
restraining the Revenue Department including the Block Development
Officer, Virudhunagar Block from putting up any construction carrying
out any development works, so as to alter the physical features of the
temple. Ms.Sindhuja urges that if the present relief is granted, it will be
contrary to the interim injunction granted by the Division Bench of this
Court and therefore, pleads for dismissal of the writ petition.
7.Mr.R.Murugappan, in reply, urges that this writ petition has
been filed for purely altruistic purposes of providing facilities for
pilgrims. He has no objection if the fourth respondent provides a couple
of facilities and the others to be provided by him, for which, the
petitioner is willing to contribute.
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8.Ms.Sindhuja is not willing for the said course of action, as she
has strongly relied upon the decree of the civil Court and the interim
order granted by the Division Bench of this Court. She pleads that her
client and the private Trust under the name and style of
‘Sakkammalpuram Arulmigu Sakkadevikovil Kampalathu
Naickkamarkal Private Trust’ are also interested in providing facilities
for the pilgrims and that the said Trust will take all steps necessary for
providing water, toilets, shelter and electricity for the pilgrims.
9.I have carefully considered the submissions of both sides.
10.The petitioner has moved this Court in order to provide
facilities for pilgrims. It matters not to him whether it is provided by the
writ petitioner or by the aforesaid private Trust. Ms.Sindhuja, during the
course of hearing, came forward and stated that the fourth respondent or
the Trust, of which, he is the Secretary, will provide four facilities sought
for by the writ petitioner in this proceedings. Hence, her statement that
the fourth respondent or 'Sakkammalpuram Arulmigu Sakkadevikovil
Kampalathu Naickkamarkal Private Trust' will provide water, electricity,
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toilet and shelter to the pilgrims is recorded as an undertaking given by
the fourth respondent to this Court.
11.The Writ Petition is disposed of recording the aforesaid
undertaking. Four weeks time is granted to the fourth respondent to do
the needful. No costs.
Call this matter on 25.04.2025 as first item under the caption 'for
reporting compliance'.
Index :Yes / No 24.03.2025
Internet :Yes / No
mm
To
1.The District Collector,
Virudhunagar District,
Virudhunagar.
2.The Revenue Divisional Officer,
Revenue Divisional Office,
Sattur,
Virudhunagar District.
3.The Tahsildar,
Taluk Office,
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Sattur,
Virudhunagar District.
4.The Block Development Officer,
Sattur Union, Sattur,
Virudhunagar District.
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V. LAKSHMINARAYANAN, J.
mm
24.03.2025
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