VEERABOOMU NAICKER Vs. PRESIDENT ELAVANOOR PANCHAYAT

JUDGEMENT

(1.) Contending that a land of an extent of 2.92.5 hectares of temple poramboke and 1.15.5 hectares of Natham in Survey Nos.113/1 and 113/2 respectively, Elavanoor Village, Aravakurichi Taluk, Karur District, is under the possession of temples, in which the petitioner is a trustee, from time immemorial, and that the first respondent is proposing to remove a portion of the temple for laying road, the petitioner submitted his objection to the second respondent on 18.9.2002 requesting to take appropriate action in the matter. As no action was taken by the second respondent, the petitioner seeks a writ of Mandamus forbearing the first respondent from interfering with the possession of the temple, viz. Kondava Naicker Temple, Veerabommakkal Temple, Karuppannasamy Temple, Vettakarasamy Temple, Mathapidariamman Temple and Jakamma Temple in Survey Nos.113/1 and 113/2, Elavanoor Village, Aravakurichi Taluk, Karur District.

(2.) The second respondent, who is the Inspector of Panchayat, as per Section 2(16) of the Tamil Nadu Panchayats Act, 1994, have control of the Panchayat and the functioning. Therefore, the second respondent, being the Inspector of Panchayat, is empowered to exercise the powers conferred under Sections 200 to 202 of the Act, when the same is sought to be exercised either suo motu or on an application.

(3.) In view of the provisions, it is clear that the Collector, the second respondent herein, is under a statutory obligation to exercise his powers conferred under Sections 200 to 202 of the Act. Therefore, I am of the considered opinion that suffice it to direct the second respondent to call for entire records relating to the matter in dispute, hold an enquiry and dispose of the matter on merits, after giving fair and reasonable opportunity to the petitioner and the first respondent.