R. SURESH Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) This writ petition has been filed by one R.Suresh, son of S.Rasu, claiming himself to be the head of a Committee, which manages a Temple called Arulmigu Sri Veerakaliamman Temple, which is situated in T.S.No. 4416, Vannimalai Thoppu Road, Aruna Nagar, Bodinayakanur, Theni District, stated to have been constructed in the year 1987.

(2.) The petitioner would allege that the fourth respondent, who belongs to a different religion, purchased the land in T.S.No.4413 during the year 2013 proposing to put up a prayer hall, which resulted in quarrel among the neighbours. It is submitted that though there are about six persons, who reside adjacent to the Temple, except the fourth respondent, no other persons have raised any objection about the Temple, alleging that it has been constructed encroaching a pathway. One of the residents, who is residing adjacent to the Temple, has filed an affidavit stating that the Temple is a very old Temple and the villagers have lot of belief on the deity and the allegations made by the fourth respondent are incorrect. It is further alleged that the fourth respondent attempted to demolish the Temple on 25.08.2013 and a criminal complaint was lodged before Bodinayakanur Town Police Station and a case was registered against the fourth respondent in Crime No.420 of 2013 and the fourth respondent obtained anticipatory bail.

(3.) Further, it is submitted that the fourth respondent suppressing all these facts filed a writ petition before this Court in W.P.(MD) No.6458 of 2014 alleging that the Temple has been constructed recently obstructing his pathway and entrance to his property. The writ petition was disposed of by order dated 31.08.2015 recording the submission of the learned Special Government Pleader stating that notices have been issued to the alleged encroachers and the Authorities are taking steps following due process of law.