M SUBRAMANIAN Vs. DISTRICT COLLECTOR NAMAKKAL

JUDGEMENT

(1.) THIS writ petition, in public interest, has been preferred by the petitioner for directing the 1st respondent, District Collector, Namakkal District, to take steps for removal of encroachment and construction put up by the 3rd respondent, Arulmigu Palapattarai Mariamman Thirukoil (hereinafter referred to as the 'temple') in T.S. No.42, Mariamman Koil Street, Ward 'B', Block 10, Namakkal.

(2.) LEARNED counsel for the petitioner submitted that the 3rd respondent attempted to encroach over the public street in survey No.42, Mariamman Koil Street, Ward 'B', Block 10, Namakkal when the temple property is situated in survey No.43, as if the 3rd respondent has got right over the public street. This was objected by the petitioner and several others and was brought to the notice of the 2nd respondent, who issued notice to the 3rd respondent u/s 182, 313 and 339 of the Tamil Nadu District Municipalities Act, 1920. In the said notice, the 2nd respondent called upon the 3rd respondent to stop construction work in the public street and further directed the 3rd respondent to remove the offending construction, but no action has been taken.

(3.) IN the present case, as we find that there is a disputed question of fact, whether land S. No.42 is a street poramboke or is a temple poramboke land, as stated by the District Collector, Namakkal, we are not inclined to decide the claim on merit. This apart, as we find that a suit has already been dismissed on the question and the petitioner earlier moved before this Court for similar relief and the writ petition was withdrawn without any liberty, we are neither inclined to grant any relief to the petitioner nor inclined to give any further liberty in the present case. There being no merits, the writ petition is dismissed. But there shall be no order as to costs.