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Judgment
M/s.P.Sudarkodi Natchiyar, learned Counsel for State of TN, takes notice for the respondents 1 to 5.
This Writ Petition is taken up for final hearing at the time of admission with the consent of the learned counsel for the petitioner and learned Counsel for State of TN for the respondents 1 to 5, after dispensing with the notice on the private respondents, as no adverse orders are proposed to be passed against them.
This Writ Petition is filed for a Mandamus to direct the respondents 1 to 3 to remove the encroachments made by the respondents 7 to 9 on the temple lands in S.Nos.123/5, 137/1, 137/2, 137/3, 138 and 408/42 (Old S.No.123/B), situated at Thottiyam Village, Thottiyam Taluk, Trichy District belonging to the Arlumigu Angalamman Temple.
The petitioner appears to be a devotee of the subject temple, which is endowed with the lands, which, according to the petitioner, have been encroached upon by the private respondents 7 to 9. According to the petitioner, the private respondents and others encroached upon the temple lands and that they have also attempted to get patta.
It is submitted that the Assistant Commissioner has also given a report to the Hereditary Trustee to take action and that despite the same, no further action has been taken.
The learned Counsel for State of TN for the respondents 1 to 5 submits that the matter is under active consideration and there is some difficulty in accessing the lands, which are encroached by the private respondents, for the purpose of survey.
Having considered the submissions made by the learned counsel for the petitioner and the learned Counsel for State of TN for the respondents 1 to 5, the respondents 2 and 3 are directed to conduct a survey of the lands allegedly encroached by the private respondents with the help of Revenue Authorities, namely, the respondents 4 and 5 and jurisdictional/local Police, in case they encounter any difficulty. Needless to state, such exercise shall be carried out after due notice to the private respondents and others who encroached upon the subject lands.
This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed.