1. Secretary of the Managing Committee, Arultharum Alikkal Athi Sivan Temple, situated at Kunnam Village, (Sivapuram), Iyankamam, Kaliyakkavilai, Kanyakumari District, has filed the present writ petition, for a certiorarified mandamus to quash the resolution No. 167, dated 29.2.2008, passed by the President, Methukummal First Grade Panchayat, Munchirai Panchayat Union, Methukummal Post, Kanyakumari District, the third respondent herein and consequently, prayed for a direction to the respondents 1 to 3, to remove an arch put up by St. Mary’s Matriculation Higher Secondary School, Vandankanavilai Junction (Mariagiri), Kaliyakkavilai Post, Kanyakumari District, the fourth respondent herein.

2. According to the petitioner, his father had constructed, “Arultharum Alikkal Athi Sivan Temple” and it is maintained by the temple committee. Lord Siva is the God, worshiped by the village people. The petitioner has further submitted that during “Margazhi festival”, conducted in the first and second week of January,every year, the temple authorities would approach the third respondent, Panchayat, for permission to put up a temporary arch to welcome the worshipers of the deity, at Mariagiri – Vandankanavilai Junction. Accordingly, Permission would be accorded. The said practice has been followed for many years.

3. While that be so, the fourth respondent school, hurriedly put up a concrete pillar and erected an arch, at Mariagiri – Vandankanavilai Junction, in the first week of January, 2008. According to the petitioner, as the construction made by the fourth respondent has been done with a mala fide intention to defeat the customary right of the Hindus, in putting up a welcome Board or temporary arch, at the same place, a request was made to the respondents 1 and 3 to remove the arch. In response to the representation, the construction was removed by the respondents.

4. The petitioner has further submitted that when the first respondent was discharging his duties on 29.3.2008, the Correspondent of the fourth respondent school and Others, interfered with the discharge of their official duties and hence, on the basis of the complaint lodged by the Sub Inspector of Police, Kaliyakkavilai Police Station, a case in Crime No. 164 of 2008 under Sections 147, 148, 341, 332, 353, 294(b) & 506(i) IPC was registered, on the file of Kaliyakkavilai Police Station.

5. While that be so, the fourth respondent school, once again, constructed the arch at the very same place, without getting any prior permission, either from the Highways Department or the third respondent, Panchayat. It is the case of the petitioner that the third respondent Panchayat has no competence to pass any resolution, and to permit the fourth respondent school, to put up any permanent structure or erect an arch at Mariagiri – Vandankanavilai Junction.

6. On the above pleadings and inviting the attention of this Court to Section 131 of the Tamil Nadu Panchayat Act, 1984, (hereinafter referred to as “the Act”) Mr.Saravanakumar, learned counsel for the petitioner submitted that no person shall, except, as permitted by Rules made under this Act and except in accordance with the conditions imposed by any licence made requisite by such rules, build any wall or erect any fence, or other obstruction or projection or make any encroachment whatsoever with the permanent or temporary, in or over any public road any property vested in or belonging to or regulated or owned by a village panchayat or panchayat union council.

7. Placing reliance on a judgment of this Court in W.P. No. 21747 of 2010, dated 20.1.2011, learned counsel for the petitioner submitted that when the third respondent Panchayat has no authority to pass any resolution for erection or construction of a permanent arch, the construction made by the fourth respondent at Vandankanavilai Junction, Kanyakumari District, has to be treated, as an encroachment and that therefore, in exercise of powers under Section 131(1) and (2) of the Act,