Arulmigu Veera Vinayagar Temple, rep. by its Manager S. Kadambanathan, Thanjavur v. District Collector, Thanjavur
2015-01-13
B.RAJENDRAN
body2015
DigiLaw.ai
JUDGMENT B. RAJENDRAN, J. 1. Since the issue in question are one and the same, these Writ Petitions are taken up together and decided by way of a common order. 2. Mr. S. Chandrasekar, learned Government Pleader takes notice for the respondents. 3. By consent, these writ petitions are taken up for final disposal. 4. According to the petitioners, they were given a notice as early as 27.10.2014, for which, they have not replied. Subsequently, the authorities called for a Peace Committee Meeting, which was held on 02.01.2015, in which, both of them had participated, but the outcome of the said Meeting has not been informed to them. Hence, they have come forward with the present Writ Petition seeking for a Writ of Mandamus to forbear the respondents from demolishing or interfering with the affairs of the Arulmigu Veera Vinayagar Temple and Arulmigu Selva Vinayagar Temple at Pattukottai situated in Survey Nos. 86D and 86C respectively, at Pattukottai Town, without following the procedure contemplated under the Tamil Nadu Land Encroachment Act, 1905. 5. The main grievance of the petitioners is that without even informing the outcome of the peace committee meeting, the present impugned order came to be issued, in and by which, there is a threat to the temple on the ground that the said Temple is situated at public place. 6. The learned counsel appearing on behalf of the respondents submitted that as per the Supreme Court direction the encroachments are being removed including the temple which is obstructing the pathway of the public. Heard both sides. 7. No doubt, as per the Supreme Court judgment, even if a temple is in a public place, the authorities has to initiate action as per law. However, it is seen that there is Peace Committee Meeting regarding the issue in question. Therefore, the authorities are directed to pass appropriate orders on peace committee meeting held on 02.01.2015 and thereafter, they are at liberty to do in accordance with law. 8. These Writ Petitions stand disposed to the extent indicated above. Consequently, the connected miscellaneous petition is closed. No costs.