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MUNISHWAR NATH BHANDARI, N. MALA
K. Chandrasekaran – Appellant
Versus
District Collector District Collectorate Office, Tiruppur – Respondent
JUDGMENT
(Prayer: Review Petition filed against the order dated 5.1.2022 passed in W.P.No.27555 of 2021.)
Munishwar Nath Bhandari, Cj.
1. The review application has been filed to seek review of the order dated 5.1.2022 passed in W.P.No.27555 of 2021.
2. The order aforesaid was passed on a writ petition preferred by the review applicant seeking a direction on the respondent authorities to remove the encroachment made by the temple in S.No.376, classified as “Cart Track”.
3. The learned Single Judge dismissed the writ petition finding that the temple was constructed 20 years back by the local residents and many families worship at the temple and are doing daily pooja. It was also observed that as per the 'A' Register, the land in S.No.376 is classified as “Government Poramboke” - “Cart Track” and the cart track runs at Perumanallur – Nambiyur Road, with other district road, and that the temple is situated in the corner of the road without any hindrance to public passage.
4. Learned counsel appearing for the review applicant submits that the matter was heard on virtual mode, where he was not given access to the report submitted by the Government Pleader and otherwise it is without disposing
Failure to take timely action to stop construction may lead to dismissal of review application.
Suppression of material facts, including pending civil suit, renders administrative orders non-binding and unenforceable.
Proper representation to concerned authorities for action against encroachment, responsibility of Highways Department to remove encroachments and seek police protection, dismissal of Writ Petition du....
The construction of the temple, although encroaching public land, does not currently obstruct public traffic; removal of unauthorized structures will occur only as necessary and according to law.
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