S. Duraisamy vs The District Collector, Trichy and The Tahsildar, Thottiyam, Trichy

Honourable Mr. Justice K. Chandru

The petitioner claims to be the Dharmakartha of Sri Poondiyappachi Temple and Sri Nachimar Temple situated at Kidaram Village, Thottiyam taluk, Trichy District has filed the present Writ petition.

In this Writ petition, the petitioner has sought for a direction to the respondents from initiating any coercive steps from removing those two temples situated in Survey No.194 in Kidaram Village, Thottiyam taluk, Trichy District without following due process.

Notice of motion was ordered on 12.01.2011. Pending the notice of motion, this Court granted an interim injunction till 09.02.2011. Subsequently, by an order dated 09.02.2011, the interim injunction was extended until further orders.

On notice from this Court, the 2nd respondent has filed a counter affidavit. In the counter affidavit, it is stated that the temples in question situated in Kattuputhur to Mohanur main Road and many mini buses are running in addition to sugar cane lorries and hundred of tractors and bullock carts and the petitioner''s temples were constructed only on cart track. During the harvest seasons the alleged road is very narrow to bear traffic and causing more accidents. Therefore, the respondents having bound by the direction given by the Supreme Court, had to remove the temples, which are situated in the encroachment land in public places.

Under the said circumstances, it is stated that the petitioner has no case to entertain the present Writ petition.

Mr. Herold Singh, learned counsel appearing for Mr.T.Jeen Joseph contended that the temples have been constructed around 35 years ago and it is not creating any traffic bottleneck. They have also filed a Topo map to show that it is away from the road margin. Therefore, the respondents should not be allowed to demolish the said temples taking advantage of the Supreme Court order.

However, it is admitted by both sides that in a public interest litigation, filed before the Supreme Court in W.P.No.8519 of 2006, the Supreme Court had issued extensive orders with reference to constructing of temple in public places and has also impleaded all the states as party respondents. The direction issued by the Supreme Court has to be necessarily obeyed by all State Governments in terms of Article 142 of the Constitution. Therefore, pursuant to the order issued by the Supreme Court, the State Government has issued a polity note with reference to the implementation of the order of the Supreme Court.

The Government was also issued G.O.Ms.No.437 Revenue Department, dated 13.09.2010 with reference to taking action against the persons, who are responsible for constructing such place of worshiping in public lands. The said G.O. has been circulated to all subordinate officers. Therefore, the 2nd respondent states in paragraph 5 that he is bound by the orders issued by the Supreme Court and has to implement the said order, this Court cannot interdict the said direction issued by the Supreme Court in the form of entertaining a Writ petition and also accepting the stand of the respondents.

Since the Writ petition is filed only to remove the temples by following due process no further orders are necessary. It is suffice to state that the respondents shall abide by the orders of the Supreme Court and also direction was issued by the State Government in the Government Order as a policy note referred to therein, does not require any further order. Hence, the Writ petition stands dismissed. No costs. Consequently, connected M.P.is closed.