Collecter unfit /Contempt Petition No.556 of 2024R.SUBRAMANIAN, J.ANDABDUL QUDDHOSE, J.(Order of the Court was made by R.SUBRAMANIAN, J.)The Joint Commissioner, Hindu Religious Charitable and Endowments Department (HR & CE), Mayiladuthurai, has filed his report. He has stated that action has been taken to remove the encroachments in the mandapam that is situate on the south-western corner of the potramaraikkulam

Contempt Petition No.556 of 2024
R.SUBRAMANIAN, J.
AND
ABDUL QUDDHOSE, J.
(Order of the Court was made by R.SUBRAMANIAN, J.)
The Joint Commissioner, Hindu Religious Charitable and Endowments Department (HR & CE), Mayiladuthurai, has filed his report. He has stated that action has been taken to remove the encroachments in the mandapam that is situate on the south-western corner of the potramaraikkulam.

2. Mr.Elephant G. Rajendran/contempt petitioner would, however, submit that owners of the shops on the western bank of the tank facing the main bazaar road which is called as Periyakadai Theru, have encroached upon the tank, by putting up constructions in the rear portion of the patta land i.e., eastern side of the patta land.
3. The report refers to those lands also and it further says that the lands in
   S.Nos.1132 to 1163 stand registered in the name of private individuals. While Mr.Elephant G. Rajendran would submit that a portion of the land on the western bank of the tank is a patta land, his contention is that those pattadars have encroached upon the temple land on the eastern side, thereby, preventing devotees from accessing the eastern bund of the tank itself. This would necessarily involve a complete survey of the area.
4. Therefore, the District Collector, Thanjavur, who figures as 5th respondent, is directed to depute a District Surveyor along with a team of officials to survey the land around the tank, demarcate the land that forms part of the tank and file his findings in the form of a report with the Joint Commissioner, HR & CE, Mayiladuthurai. The said inspection shall be done within a period of six weeks from today. On receipt of the report, the Joint Commissioner, HR & CE, Mayiladuthurai, will initiate action under the relevant provisions of the HR & CE Act, to evict the encroachers and file a report to that effect before this Court, within two weeks from the date of receipt of the District Surveyor’s report.
5. It is also contended that there is a flight of steps leading to the tank in S.Nos.147 and 148. The District Surveyor will also file photographs of the inspection and the demarcation. Mr.Elephant G. Rajendran will be at liberty to assist the District Surveyor.
6. Further, it is to be pointed out that the language used by the District Collector in the letter addressed to the Special Government Pleader, is quite disturbing. The District Collector made eviction of encroachments conditional on allotment of alternative space which shows that he is unfit to be a District Collector. The District Collector is directed to ensure that all encroachments are removed, dehors the allotment of alternative space, within a period of 12 weeks from today. Failing removal, the District Collector shall be present before this Court on 28.10.2024. This letter is directed to be retained in the case bundle.
   Post on 28.10.2024.
   (R.S.M., J.) (A.Q., J.) 02.08.2024
   gya
   R.SUBRAMANIAN, J.
   AND ABDUL QUDDHOSE, J. gya Contempt Petition No.556 of 2024
   02.08.2024