E.Vasantha v. The Additional Chief Secretary/Commissioner Of Land Administration

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.04.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR 1.E.Vasantha 2.E.Selvarasu 3.E.Ravindran 4.E.Anbarasu .. Petitioners

Versus

1.The Additional Chief Secretary/ Commissioner of Land Administration Chepauk, Chennai - 600 005 2.The District Revenue Officer Thiruvannamalai District Thiruvannamalai 3.The Tahsildar Arni Taluk, Arni Thiruvannamalai District .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent to issue patta in respect of the land situated in S.Nos.130/3A, 130/3B and 130/3C, Agrapalayam Village, Arni Taluk, Thiruvannamalai District to the extent of 1.52 acres in the petitioners name by taking note of the communication sent by the 1st respondent to the 2nd respondent in Letter No.R3/2910039/2022 dated 03.08.2022.

For Petitioners : Mr.C.Prakasam For Respondents : Mr.A.Selvendran Special Government Pleader 1/4

ORDER

This writ petition is filed for a direction to the 3rd respondent to issue patta in respect of the land situated in S.Nos.130/3A, 130/3B and 130/3C, Agrapalayam Village, Arni Taluk, Thiruvannamalai District to the extent of 1.52 acres in the petitioners' name by taking note of the communication sent by the 1st respondent to the 2nd respondent in Letter No.R3/2910039/2022 dated 03.08.2022.

2. Heard learned counsel for the petitioner and the learned Special Government Pleader appearing for the respondents and perused the materials available on record.

3. On perusal of the records, this Court is of the view that such a direction cannot be issued for the simple reason that the property is a temple property in respect of which proceedings have already reached finality before the Settlement Tahsildar in S.R.No.990 to 992/AEN/MMIA/63 dated 28.03.1968. When the property is a temple property and patta was granted in respect of the Perumal Temple, as a matter of right, the petitioners cannot seek such a direction, unless the petitioners establishes their right in a civil court.

4. Accordingly, this writ petition stands dismissed. No costs. 2/4

08.04.2024 dhk Index :Yes/No Internet :Yes/No : Yes/No To, 1.The Additional Chief Secretary/ Commissioner of Land Administration Chepauk, Chennai - 600 005 2.The District Revenue Officer Thiruvannamalai District Thiruvannamalai 3.The Tahsildar Arni Taluk, Arni Thiruvannamalai District N. SATHISH KUMAR , J.

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dhk W.P.No.9466 of 2024 08.04.2024 (1/2) 4/4