Madras High CourtWP/18414/2012allowed

Sri Periya Palayathamman v. The President

2022-02-04Honourable Mr Justice S.M. Subramaniam12 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.02.2022

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.18414 of 2012 and M.P.No.1 of 2012 Sri Periya Palayathamman Koil, Represented by its trustee V.S.Deenadayalan , S/o of V.Sarangapani Naidu, 7, Bajanai Koil Street, 36, Karungali Village, Pulicat Post, Ponneri Taluk, Ponneri - 601205.

... Petitioner Vs.

1.The President, Koraikuppam Village, Pulicat Post, Ponneri Taluk, Ponneri - 601205.

2.The President, Karungali Village, Pulicat Post, Ponneri Taluk, Ponneri - 601205.

3.The Block Development Officer, Ponneri Taluk, Minjur Union.

4.The Tahsildar Ponneri Taluk.

5.The District Collector, Tiruvallur.

6.The Revenue Divisional Officer, Ponneri Taluk, Tiruvallur.

(R-5 & R-6 impleaded vide order dated 04.02.2022, made in M.P.No.2/2012 in W.P.No.18414/2012 by SMSJ).

7.The Station House Officer, E-4, Kattur Police Station, Kattur, Ponneri Taluk.

8.The Superintendent of Police, Thiruvallur District, Thiruvallur.

(R-7 & R-8 impleaded vide order dated 04.02.2022, made in M.P.No.1/2014 in W.P.No.18414/2012 by SMSJ). 9.C.Raji 10.R.Mahalingam 11.Mahendran 12.Ammavasai 13.E.Jesudoss 14.Desam 15.Chithiraivel 16.Desappan 17.Kumar 18.Vasantha 19.Anjalai 20.Balaji 21.Karthik 22.Munaf 23.Deivasigamani 24.Desam 25.Sampath 26.Kumar 27.Hanastraj

28.Savithiri 29.Yesudoss 30.Desamuthu 31.Shanmugam 32.Sheik Dhavuth 33.Mohammed Irfan 34.Abibullah 35..Mahesh 36.Rubavathi 37.Mahendran 38.Moorthy 39.Mohammed Eliyas 40..Chandrasekar 41.Dinesh 42.Desam 43.Saravanan 44.Selvam 45.Sudhakar 46.Kuppan 47.Anbu 48.Arumugam 49..Thanikachalam 50.Yuvaraj

51.Udayakumar 52.Raji 53.Desapattu 54.Rathinam 55.Mani 56.Mariyam Beevi 57.Dinesh 58.Savithiri 59.Jayapal 60.Sarasu 61.Desingu 62.Ramadoss 63.Raji 64.Sekar 65.Ravi 66.Desammal 67.Panjanathan 68.Jafar Ussain 69.Desingu 70.Chinnapaiyan 71.Doss 72.Gnanaprakash 73.Jayaprakash 74.M.Durai

75.Arasammal 76.Kannan 77.Durairaj 78.Kiliyammal 79.Ragu 80.Balaji 81.Selvam 82.Rajan 83.Durai 84.Rajini 85.Suresh 86.Saradha 87.Selvaraj 88.Shankar 89.Rajesh 90.Rajesh 91.Sudhakar 92.Sadhu 93.Nijammuyaidheen 94.Parthiban 95.Desingu 96.Velu 97.Vijayan

98.Suresh 99.Masila 100.Gowri 101.Samuvel 102.Beselvel 103.Rani 104.Gnanakumar 105.Vasu 106.Indhirani 107.Anandaraj 108.Silambarasan 109.Tamilarasan 110.Ajith 111.Ellappan 112.Jeeva 113.Sugumar 114.Ramki 115.Ranjith 116.Mabubasha 117.Baskar 118.Naresh 119.Naresh 120.Ashok 121.Vasanth

122.Durai 123.Viji 124.Parthiban 125.Lokesh 126.Vijayakumar 127.Saravanan 128.Kumaresan 129.Kugan 130.Kamsarani 131.Arul 132.Srinivasan 133.Vinoth 134.Ayyadurai 135.Gokul 136.Saravanan 137.thangavel 138.Dinesh 139.Raji 140.Rajkumar 141.Raja 142.Nagalingam 143.Desappan 144.Kumar

145.Arulpandi 146.Pradeep 147.Kuppan 148.parvathi 149.Illamalli 150.Parthinan 151.Balu 152.Vishal 153.Jayapal 154.Gajendran 155.Appu 156.Kamesh 157.Sathish 158.Mohan 159.Shanmugam 160.Indian 161.Vinith 162.Vellaiyammal 163.Sumathi 164.Rajkumar 165.Rajendran 166.Chinnarasu 167.Babu 168.Vignesh

169.Ramesh 170.Krishnan ... Respondents (R-9 to R-170 impleaded vide order dated 04.02.2022, made in W.M.P.No. 16120/2017 in W.P.No.18414/2012 by SMSJ). PRAYER : Writ Petition filed Under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from interfering with the possession of the lands and lands belonging to the petitioner in S.No.38 and 39 situated in Karungali Village, Pulicat Post, Ponneri Taluk, Ponneri.

For Petitioner : Mr. M. Saravana Kumar for Mr.I.Abrar Mohamed Abdullah For Respondents: Mr. M. Rajendiran [R1 to R8 ] Additional Govt. Pleader Mr. C. Prakasam [R9 to R 170]

O R D E R

The relief sought for in the present writ petition is to forbear the respondents from interfering with the possession of lands belonging to the petitioner in S.No.38 and 39 situated in Karungali Village, Pulicat Post, Ponneri Taluk, Ponneri.

2. The petitioner is Periya Palayathamman Koil, represented by its trustee. The petitioner Temple is in possession of the land in Survey Nos. 38 and 39 of Karungali Village by way of settlement and is classified as Ryotwari lands, which was introduced in the village in the year 1958. The subject property is in possession and management of the petitioner Temple for the past about 50 years and has been used for temple activities and to conduct temple functions and religious activities. Patta has been issued in the name of the petitioner Temple in patta no.43 and A-Register contains entries in the respective Survey nos. 38 and 39 in the name of the petitioner temple.

3. The learned counsel for the petitioner made a submission that some miscreants are attempting to encroach upon the Temple property and the Authorities have not initiated appropriate actions. He further states that during the relevant point of

time the president of the Panchayat was also involved in such illegal activities and therefore, the petitioner is constrained to move the present Writ Petition.

4. The Tahsildar, Karungali filed a counter affidavit admitting the fact that the subject property belongs to the temple and paras 8 and 9 of the counter affidavit are relevant in this regard and extracted hereunder:

"8. With regard to para 5 and 6 of the affidavit, it is submitted that no demarcation was made in the said land. Though the land stands in the name of Arulmigu Periya Palayathamman Temple, it was not controlled by HR & CE Department. Hence, the The Deputy Inspector General Commander, Headquarters No.5 (TN & PCY), Fort St. George, Cheninal.9 applied to the District Collector, Thiruvallur on 11.01.2012 requesting to allot the said land in favour of Indian Coast Guard for infrastructure development. On receipt of the representation, a notification was published inviting objections for allotment of the said land to Indian Coast Guard. No objections were received from any quarter for allotting the said land to Indian Coast Guard.

9. It is submitted that the land in Survey No.38 and 39 of Karungal Village, Ponneri Taluk, Tiruvallur District to an extent of 9.38 acres and 6.13 acres respectively stands in the name of Arulmigu Periya Palayathamman Koil in Patta No.1. Though the land stands in the name of Arulmigu Periya Palayathamman Temple, it was not controlled by HR & CE Department. At this stage, Mr.

V.S.

Deenadhayalan sent representation to the Hon'ble Chief Minister on 19.07.2012 stating that somebody is trying to grab the land and it is pertinent to state the Fishermen residing at Koraikuppam, Thangalperubulam Panchayat, Ponneri Taluk, Thiruvallur. District sent representations to the District Collector, Thiruvallur for allotment of the said lands for their use since they are affected by Tsunami. At this stage, the Indian Coast Guard has applied to the District Collector, Thiruvallur on

11.01.2012 requesting to allot the said land in favour of Indian Coast Guard for infrastructure development. On receipt of the representation, a notification was published inviting objections for allotment of the said land to Indian Coast Guard. No objections were received from any quarter for allotting the said land to Indian Coast Guard. Accordingly, action was taken to allot the said land to and in favour of Indian Coast Guard after getting the amount as per the valuation mentioned in Guideline Register. This respondent has forwarded his recommendations on 11.02.2012 to the District Collector, Thiruvallur along with entire files for allotment of the said land to Indian Coast Guard. Therefore the above Writ Petition is not maintainable and liable to dismissed."

5. In view of the fact that, on verification of the revenue records, the Tahsildar filed a counter stating that the subject property belongs to the petitioner temple, then the petitioner is entitled for the relief. Accordingly, the respondents are restrained from interfering with the peaceful possession of the subject property from the petitioner without following the due process of law. In the event of any dispute regarding the ownership or title, then the parties claiming ownership have to approach the Competent Civil Court of Law for adjudication of issues with reference to the documents and evidences.

6. With these directions, the Writ Petition stands allowed . No costs. Consequently the connected Miscellaneous Petition is closed.

SD/- ASSISTANT REGISTRAR // TRUE COPY // SUB ASSISTANT REGISTRAR shr/ska To 1.The President, Koraikuppam Village, Pulicat Post, Ponneri Taluk, Ponneri - 601205.