Lakshmanappa Sadaiya v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 12.12.2018
CORAM
THE HONOURABLE Mrs. JUSTICE PUSHPA SATHYANARAYANA W.P. No.8471 of 2018 Lakshmanappa Sadaiya Gounder .. Petitioner Vs.
1. The District Collector, Villupuram District, Villupuram.
2. The Tahsildar, Chinna Salem Taluk Office Chinnasalem Taluk, Villupuram District.
3. The Inspector of Police, Kachirapalayam Police Station Villupuram District.
4.The Commissioner, Hindu Religious & Charitable Endowment, Uthamar Mahatma Gandhi Road, Nungambakkam, Chennai - 34.
.. Respondents (Fourth Respondent impleaded vide Court order dated 30.11.2018, made in WMP.11892 of 2018 in W.P.No.8471 of 2018.) PRAYER : Writ Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 2nd respondent viz. The Tahsildar, Chinna salem Taluk to survey and fix the boundaries of the lands belonging to the temples namely Sri Arulmigu Annamalaiyar Temple, Pillaiyar Temple, Ayyanar Temple and Mariamman Temple situate in Survey No.109/2, 111/2,5, 120/1 respectively with the help of Taluk Surveyor and with the protection of the 2nd respondent police namely the Inspector of Police, Kanchirapalayam Police Station. For Petitioner : Mr.A.G.Rajan For Respondents 1 to 3 : Mr.V.Shanmugasundar Special Government Pleader
For Respondent - 4 : Mr.M.Maharaja Special Government Pleader HR & CE
O R D E R
The prayer sought for in this Writ Petition is for the issuance of a Writ of Mandamus to direct the second respondent viz. The Tahsildar, Chinna Salem Taluk to survey and fix the boundaries of the lands belonging to the temples, namely, Sri Arulmigu Annamalaiyar Temple, Pillaiyar Temple, Ayyanar Temple and Mariamman Temple situate in Survey No.109/2, 111/2,5, 120/1 respectively with the help of Taluk Surveyor and with the protection of the second respondent police, namely, the Inspector of Police, Kanchirapalayam Police Station.
2. According to the learned counsel for the petitioner, the petitioner has submitted a representation dated 07.12.2017 seeking to survey and fix the boundaries of the lands belonging to the said temples with the help of Taluk Surveyor, but, the same is yet to be disposed of by the second respondent. It is stated that the petitioner has paid necessary charges to survey the lands vide challan dated 07.12.2017. Hence, the petitioner is before this Court.
3. Heard Mr.V.Shanmugasundar, learned Special Government Pleader on behalf of the respondents 1 to 3 and Mr.M.Maharaja, learned Special Government Pleader (HR & CE) on behalf of the fourth respondent.
4. It is the fact that there is dearth of surveyors in many of the Taluk Offices and there are many petitions and requests as that of the petitioner herein waiting their properties to be surveyed. Hence, the second respondent is directed to have a list of such requests and conduct the survey as per the order of priority. However, any such request for survey of the land shall be done, on merits and in accordance with law, after issuing notice to the petitioner as well as the persons interested in this regard and also affording them an opportunity of personal hearing, within a period of four weeks from the date of receipt of a copy of this order.
5. With the above direction, this writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar
srn/av To
1. The District Collector, Villupuram District, Villupuram.
2. The Tahsildar, Chinna Salem Taluk Office Chinnasalem Taluk,Villupuram District.
3. The Inspector of Police, Kachirapalayam Police Station Villupuram District.
4.The Commissioner, Hindu Religious & Charitable Endowment, Uthamar Mahatma Gandhi Road, Nungambakkam, Chennai - 34.
+1 cc to Mr.A.G.Rajan, Advocate Sr.No.85998 W.P. No.8471 of 2018 SSD(CO) CSL/08.01.2019