Arulmigu Moolathu Vazhi v. The Executive Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR and M.P.No.1 of 2012 Arulmigu Moolathu Vazhi Mariamman Sri Peedari Chelliamman Vatta Pillaiyar Sri Lakshmi Atha and Sri Kanniyar Alayam Represented by Authorised Trustee, Kaveripakkam - 632 508 Vellore District.

... Petitioner Vs.

1.The Executive Officer, Kaveripakkam Panchayat, Kaveripakkam - 632 508.

2.The Tahsildar, Arokonam.

(R2 impleaded as per order dated 19.12.2012) ... Respondents Prayer: Writ petition is filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents or their agent or anybody else from in any way interfering with the peaceful possession and enjoyment of the lands belonged to Lakshmi Athal Temple, Vellore District Kaveripakkam Kondapuram Village in Survey No.9 to an extent of 4 acres .085 cents except by due process of law.

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For Petitioner : Mr.V.Ananthakrishnan For Respondents : Mr.B.Anand, for R1 Mr.K.M.D.Muhilan, for R2 Additional Government Pleader

O R D E R

The writ petition has been filed seeking to forbear the respondents or their agent or anybody else from in any way interfering with the peaceful possession and enjoyment of the lands belonged to Lakshmi Athal Temple, Vellore District Kaveripakkam Kondapuram Village in Survey No.9 to an extent of 4 acres .085 cents except by due process of law.

2.

The case of the writ petitioner is that the temple is situated in Survey No.9 of the Kaveripakkam Kondapuram Village from time immemorial. The temple was managed by the trustees and according to them, even in the 'A' Register it is shown as temple land, having a total extent of 4.85 cents. Despite the entries in A Registers, patta has not been granted in favour of the petitioner. Further, the panchayat has also passed a resolution dated 15.09.2008, requesting the temple trustees to gift an extent of 2 acres of land belongs to the Lakshmi Athal temple to the panchayat for dumping wastes. However, the same has not materialised, while so, the respondents now make an attempt to dump the waste into the temple land. Hence, the writ petition.

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3.

A counter has been filed by the first respondent, wherein, it is stated that the total extent of 4 acres 85 cents in Survey No.9 is a Government poramboke land. In fact, the petitioner has applied for patta in the name of the temple which has not been granted. Panchayat has not dumped waste material for the first time on 08.06.2010. The process is done for the past 20 years. 4.

According to the learned counsel appearing for the second respondent, the temple is a small temple situated in a land having an extent of 4.85 acres. The property is a Government land. Even in the 'A' Register, it is only a poramboke land. Learned counsel for the second respondent produced the photographs to show that no such dumping of the waste materials in the temple land takes place. The petitioner has no title to the property. Since there is no dumping takes place now, there is no direction is required.

5.

Though it is contention of the petitioner that panchayat itself sought allotment of the land by way of resolution that itself clearly indicates that temple is in the possession of the property.

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6.

Be that as it may, mere alleged possession itself is not a ground to claim title. Admittedly, the 'A' Register produced before this Court in the typed set, show that the property is a Government poramboke land. Now, the photographs shown by the respondents, clearly shows that there is no dumping, as alleged by the petitioner in the writ petition. It is for the petitioner to pursue the remedy before the appropriate authority for seeking patta on the basis of possession. A mandamus without any substance cannot be issued, as a matter of right. Presently from the photographs, it is seen that there is no dumping of waste materials in the temple lands, such view of the matter, no direction could be given. 7.

Accordingly, the writ petition is disposed of. Consequently, connected miscellaneous petition is closed. No costs.

07.02.2023 Index :Yes/No AT To 1.The Executive Officer, Kaveripakkam Panchayat, Kaveripakkam - 632 508.

2.The Tahsildar, Arokonam.

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N.SATHISH KUMAR, J.

AT W.P.No.24951 of 2012 and M.P.No.1 of 2012 07.02.2023 5/5