S.Gopalakrishnan, S/O.Sengodan v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 17.03.2017

CORAM

THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN WP.No.6533/2017 & WMP.No.7036/2017 S.Gopalakrishnan ..

Petitioner

Versus

1.The District Collector Namakkal District.

2.The Joint Commissioner Hindu Religious & Charitable Endowment Department, Salem.

3.The Revenue Divisional Officer Divisional Office, Mohanur Road Namakkal.

4.The Tahsildar Tahsildar Office Namakkal.

5.Arumuga Mudhali 6.Muthusamy Mudhali 7.Kuppusamy Mudhali 8.Palanisamy Mudhali 9.Appavu ..

Respondents Writ petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the respondents to effect changes in the revenue records as per the petitioner's representation dated 03.02.2017 within the stipulated time. For Petitioner :

Mr.I.Abrar Md. Abdullah For RR 1,3&4 :

Mr.A.N.Thambidurai, Spl.GP For R2 :

Mr.M.Maharaja, Spl.GP [HR&CE]

ORDER

By consent, the writ petition is taken up for final disposal.

Mr.A.N.Thambidurai, learned Special Government Pleader accepts notice on behalf of the respondents 1, 3 and 4 and MR.M.Maharaja, learned Special Government Pleader [HR&CE] accepts notice on behalf of the 2nd respondent. The petitioner claims to be the former Managing Trustee of Arulmighu Ettukai Amman Temple,, Keerambur Village, Namakkal District and in respect of the said lands, private respondents 5 to 9 had obtained patta and in this regard, the petitioner has submitted a representation dated 04.01.2017 and the temple has also submitted representations dated 16.04.2007 and 09.06.2010 respectively. The petitioner has also submitted further representations dated 10.06.2010, 02.01.2012 and 03.02.2017 and despite receipt and acknowledgment, so far no orders have been passed, and hence, the petitioner came forward to file the present writ petition.

Heard the learned counsel for the petitioner ; Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents 1, 3 and 4 and Mr.M.Maharaja, learned Special Government Pleader [HR&CE] appearing for the 2nd respondent.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, directs the 3rd respondent to put the respondents 5 to 9 on notice and thereafter, consider and dispose of the petitioner's representations dated 02.01.2012 and 03.02.2017 respectively on merits and in accordance with law and pass appropriate orders within a period of eight weeks from the date of receipt of a copy of this order and communicate the decision taken, to the petitioner as well as to the respondents 5 to 9. The writ petition stands disposed of with the above direction. No costs. Consequently, the connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CS VI ) /true copy/ Sub Asst. Registrar AP

To 1.The District Collector Namakkal District.

2.The Joint Commissioner Hindu Religious & Charitable Endowment Department, Salem.

3.The Revenue Divisional Officer Divisional Office, Mohanur Road Namakkal.

+2cc to Government Pleader sr.17035 +1cc to Mr.Abrar MD Abdullah,Advocate sr.17137 WP.No.6533/2017 lrs(co) ss(4/4/2017)