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2014 DIGILAW 3652 (MAD)

Sankaralingam v. District Collector, Tuticorin District, Tuticorin

2014-09-25

M.JAICHANDREN, R.MAHADEVAN

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Judgment : M. Jaichandren, J. Heard Mr.N.Mariappan, the learned counsel appearing on behalf of the petitioner, Mr.A.K.Baskara Pandian, the learned Special Government Pleader appearing on behalf of the respondents 1 and 2 and Mr.Muthu Geethaiyan, the learned Standing Counsel appearing on behalf of the third respondent. 2. This Writ Petition has been filed praying that this Court may be pleased to issue a Writ of Mandamus, directing the respondents 1 and 2 herein to remove the encroachments, made in Survey No.76/1061 of Kalugumalai Village, Kovilpatti Taluk, Tuticorin District, based on the petitioner's representation, dated 06.08.2014. 3. Mr.Muthu Geethaiyan, the learned Standing Counsel appearing on behalf of the third respondent had submitted, on instructions, that the land in question, in Survey No.76/1061 of Kalugumalai Village, Kovilpatti Taluk, Tuticorin District, belongs to the third respondent temple. The said land had been given on lease to one Swaminathan son of Thangappa Nadar. As such, the allegations made by the petitioner has no basis or substance. Therefore, the Writ Petition is liable to be dismissed. 4. From the records placed before this Court, by the learned Standing Counsel appearing on behalf of the third respondent, it is noted that the land in Survey No.76/1061 of Kalugumalai Village, Kovilpatti Taluk, Tuticorin District, belongs to the third respondent temple, as it has been classified as Kovil Poramboke in the relevant revenue records. It has also been noted that the land in question had been given on lease to one Swaminathan son of Thangappa Nadar. 5. In such circumstances, we do not find any cause or reason to grant the relief, as prayed for by the petitioner, in the present Writ Petition. As the Writ Petition is devoid of merits, it is liable to be dismissed. Accordingly, the Writ Petition stands dismissed. No costs.