R. AYYAPPAN Vs. DISTRICT COLLECTOR, DINDIGUL DISTRICT

JUDGEMENT

(1.) IN this Writ Petition, filed as a Public Interest Litigation, the Petitioner seeks a Writ of Mandamus forbearing the Respondents from removing the structure of the village Temple, namely Kaliamman and Bhagavathiamman Temple, and also from cutting the trees, aged more than 15 years, standing in the said temple, situated at Mullipadi Natham Survey No.573/1, Settiyapatti Hamlet of Mullipadi Village, Dindigul Taluk, Madurai District.

(2.) CASE of the Petitioner is that Kaliamman and Bhagavathiamman Temple is situated in the central place of Settiyapatti Village and that the temple is there for more than 15 years. The grievance of the Petitioner is that Respondents 1 to 7, colluding with Respondents 8 to 10, are trying to demolish the temple without following legal process or without any valid legal order in order to get illegal gain from real estate businessmen and therefore he seeks for a Writ of Mandamus as afore stated.

(3.) LEARNED Additional Government Pleader, on instructions, submitted that in respect of the dispute pertaining to the temple and shifting of the temple, there was a law and order problem in the village, regarding which a Peace Committee Meeting was held on 18.06.2012 in the presence of Revenue Divisional Officer, Dindigul, the 3rd Respondent herein. He would further submit that in the said Peace Committee Meeting, the Villagers, comprised in two groups, namely 'A' Group and 'B' Group, participated and they have mutually agreed that the altar of the Temple (3-1/2 x 3-1/2) would be removed on 19.06.2012 by 10.00 a.m. and that they have also agreed to remove the stones implanted around the temple. Learned Additional Government Pleader also produced a copy of the Minutes recorded in the said Peace Committee Meeting and the relevant portion of the Minutes reads as under: