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IN THE HIGH COURT OF JUDICATURE AT MADRAS
G.JAYACHANDRAN, K.K.RAMAKRISHNAN
D. Ilanchelian – Appellant
Versus
State of Tamil Nadu, Represented by The District Collector, Tiruchir – Respondent
| Table of Content |
|---|
| 1. historical context of the disputed land. (Para 1 , 2) |
| 2. allegations of encroachment and legality of temple construction. (Para 3 , 8) |
| 3. defense claims regarding land and temple legality. (Para 4 , 10 , 11) |
| 4. findings of advocate commissioner on encroachment. (Para 5 , 6) |
| 5. court's analysis of submitted reports and testimony. (Para 12 , 13 , 15) |
| 6. rationale for decision against enforcing removal. (Para 18) |
| 7. final order disposing of the petition. (Para 19) |
JUDGMENT :
This Public Interest Litigation is by a resident of Thanthai Periyar EVR Nagar, Tiruchy. As per his affidavit, Thanthai Periyar EVR Nagar was promoted by the Srirangam Co-operative Housing Building Society (the 6th respondent) in the year 1974. His father purchased a plot from the said Society and had constructed a house. On the west of this layout, the Madras Trunk Road and to the south, Thiruchi – Villupuram Railway line, runs. During the same period, the 7th respondent viz., K.S.Ganapathy Iyer, promoted his land situated nearby EVR Nagar and named it as 'Ganapathy Nagar'.
3.The 8th respondent in its counter affidavit, questions the bonafideness of the writ petitioner. According to this respondent, the
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.
Government cannot legalize unauthorized encroachment on temple land by rent fixation; must remove and restore.
Failure to take timely action to stop construction may lead to dismissal of review application.
The plaintiff failed to prove the location of the temple, leading to the dismissal of the appeal, affirming the lower courts' findings.
The distinction between a private and a public endowment is that whereas in the former the beneficiaries are specific individuals, in the latter they are the general public or a class thereof.
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