R.PADMAVATHY Vs. JUNIOR ENGINEER, WATER RESOURCES ORGANIZATION

JUDGEMENT

(1.) The petitioner is the wife of Late Ramamoorthy Swamigal and according to her, her husband had the blessings of Arulmigu Athimariamman and during his life time, he constructed and consecrated a temple viz., "Athimariamman temple" in S.F.No.42/2 near Vadavaru Railway Gate, Pulianthoppu Village, Thanjavur District and the Rajagopuram is having a height of 60 feet and presiding deity viz., Lord Siva in the form of Lingam and it is one of the biggest Lingams in Thanjavur District.

(2.) Mr.K.Baalasundharam, learned Counsel appearing for the petitioner would submit that the petitioner as well as her husband had been granted with free house site pattas in S.F.No.42/2 of Pulianthoppu Village, Thanjavur District, vide proceedings dated Nil.06.1991, admeasuring to an extent of 0.00.5 cents each and neither the husband of the petitioner nor the petitioner had been encroached upon an inch of land beyond the land assigned to them in S.F.No.42/2 and the attention of this Court has been invited to paragraph No.6 of the affidavit filed in support of the writ petition.

(3.) The primordial submission made by the learned Counsel appearing for the petitioner is that if proper survey is carried out in the presence of the petitioner, the truth will come out that no encroachment has been caused upon S.F.No.42/2, as alleged in the impugned notice and hence, prays for appropriate orders.