Sri Siddhi Vinayagar Sri v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 22/12/2022 C O R A M THE HONOURABLE Mr.JUSTICE N. SATHISH KUMAR Writ Petition No.21384 of 2015 M.P.Nos.1 to 3 of 2015 a n d W.M.P.No.12742 of 2016 Sri Siddhi Vinayagar Sri Sivasubramania Swamy Temple rep. by its President Board of Trustees Pethuchettipet Puducherry 605 008.
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Petitioner Vs
1. The Commissioner Department of Hindu Religious Institution Government of Puducherry Puducherry.
2. The Commissioner-cum- Secretary to Government (Revenue) Government of Puducherry Chief Secretariat Puducherry.
3. The Director of Survey and Settlement Directorate of Survey and Settlement Government of Puducherry Puducherry.
4. The Settlement Officer Directorate of Survey and Land Records Settlement Section - I Government of Puducherry Puducherry.
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5. Arulmighu Oothukattu Mariamman Devasthanam rep. by the Present Trustee Sellaperumalpet Puducherry.
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Respondents PRAYER: Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of certiorari to call for the records pertaining to the order passed in Proceedings No.696/CHRI/T-1/2015-786 dated 22/6/2015 on the file of the first respondent, calling for the entire records pertaining to the order passed in Proceedings No.12389/DRDM/C2/RP/2008 Revision Petition No.1 of 2008 dated 22/8/2014 on the file of the second respondent whereby and whereunder confirming the order passed in Appeal No.6/DOS/2005 dated 19/7/2007 on the file of the third respondent and confirming the order passed in Proceedings No.81/SR-1/E-5/03 dated 13/6/2005 on the file of the fourth respondent and quash the same. For Petitioner ...
Mr.R.Natarajan For respondents ...
Mr.M.Nirmal Kumar Government Advocate (Pondy) for R.R.1 to 4 Mr.V.M.Ravichandran for R.5.
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O R D E R
This writ petition has been filed challenging the order of the original authority as well as the appellate authority. Page No:2/8
2. The brief facts leading to the disposal of this writ petition are as follows:- The petitioner temple is the owner of the immovable property consisting to 2 hectares in R.S.No.106/13. The name of the temple is found in all the revenue records. That apart, publication was issued in gazette would also indicate as early as in the year 1888, name of the temple finds place in the gazette.
3. When the matter stood thus, fifth respondent had filed an application for deletion of wrong entry in the revenue records. Based on the same, fourth respondent has passed an order, dated 13/6/2005, declaring the title of the fifth respondent. Even the appellate authority has also confirmed the same. Therefore, the entire order has to be set aside.
4. The fifth respondent has filed a counter, wherein, it is stated that the property has been donated to Devasthanam by one Annamalai Mudaliyar, S/o.Puthira Mudaliyar. Copy of the Notification of transaction made on 24/12/1928 to 10/7/1929 in Oulgaret Commune issued during the French regime by the office of Mutations. This would clearly indicate that Page No:3/8
the property vests with the fifth respondent. According to him, they are the owners of the property. Application filed before the fourth respondent is only to rectify the mistake crept in the revenue records. Hence mere entry has been rectified based on the documents and the same cannot be challenged by way of a writ petition.
5. Heard Mr.R.Natarajan, learned counsel for the petitioner, Mr.M.Nirmal Kumar, Government Advocate (Pondicherry) for the respondents 1 to 4 and Mr.U.M.Ravichandran, learned counsel for the fifth respondent.
6. Learned counsel appearing for the petitioner submitted that the original authority and the appellate authority have gone into the title and held that only the fifth respondent is the owner of the property. They assumed the role of the Civil Court. Hence it is his contention that the entire order has to be set aside.
7. Learned counsel appearing for the fifth respondent submitted that the order impugned is not maintainable and no title dispute has been decided. The revenue records were ordered to be rectified based on the Page No:4/8
documents. If at all the petitioner has any grievance, he has to establish the same before the Civil Court and not by way of writ petition.
8. He would further submit that during patta proceedings, merely the same views have been expressed in respect of the question of title. Such expression or opinion is not a conclusive one. Therefore, submitted that the order cannot be set aside.
9. I have perused the entire materials available on record.
10. Though application has been filed rectifying the mistake crept in the revenue records, on the basis of documents produced by both sides, the original authority has gone into the validity of the document and also possession based on the report of the Village Administrative Officer and Revenue Inspector.
11. Be that as it may. Mere views or opinion on the title of the property will not be a conclusive one and only intends to support the decision in deleting the entries in patta i.e., revenue records. Mere opinion Page No:5/8
expressed in those proceedings will not deter the petitioner from establishing the independent right in competent Civil Court.
12. In such a view of the matter, the petitioner is directed to file a suit before the competent Civil Court to establish his title independently. On such a suit is being filed, Civil Court shall not be influenced by any of the observations made by the fourth respondent and appellate authority in the impugned proceedings. The title of the respective parties has to be decided based on its own merits.
13. With the above direction, this writ petition is disposed of. No costs. Consequently, the connected Miscellaneous Petitions are closed. 12/12/2022 Index : Yes / No Internet: Yes Speaking/non speaking order mvs.
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To
1. The Commissioner Department of Hindu Religious Institution Government of Puducherry Puducherry.
2. The Commissioner-cum- Secretary to Government (Revenue) Government of Puducherry Chief Secretariat Puducherry.
3. The Director of Survey and Settlement Directorate of Survey and Settlement Government of Puducherry Puducherry.
4. The Settlement Officer Directorate of Survey and Land Records Settlement Section - I Government of Puducherry Puducherry.
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N. SATHISH KUMAR, J mvs.
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