Sri Kannika Parameshwari Kovil Trust v. The District Collector

2025:MHC:2222

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 16-07-2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and WMP No. 16787 of 2025 Sri Kannika Parameshwari Kovil Trust (Reg No.410/2004) (Amended No.

2/2025), Rep By Its Treasurer Mr.Kanagaraj, Ambadikoraithottam Medur, Kembarampalayam Village, Mettupalayam Taluk, Coimbatore District Petitioner(s) Vs

1. The District Collector Coimbatore District.

2.The Revenue Divisional Officer Mettupalayam Division, Coimbatore District.

3.Tahsildar Mettupalayam Taluk, Coimbatore District.

4.The Taluk Head Surveyor Mettupalayam Taluk Office, Mettupalayam, Coimbatore District.

5.Saraswathi 6.Senthil Kumar 7.Kamalaveni 8.M.Rajinikanth 9.K.Manikandan Respondent(s) PRAYER Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to survey the property and demarcate the land with proper boundaries in respect of the property of an extent of 3 Acres of land in Survey No.63/3C, of Kemmarampalayam Village, Mettupalayam Taluk, Coimbatore District by considering the petitioner's representation dated 18.02.2025 and 20.02.2025 . For Petitioner(s):

M/s.M.Jayanthi For Respondent(s):

Mr. P.Sathish, AGP For R1 to R4

ORDER

The present writ petition has been filed praying for a writ of mandamus to direct the respondents 1 to 4 to survey the property and demarcate the land with proper boundaries in respect of the property measuring an extent of 3 Acres of land in Survey No.63/3C, of Kemmarampalayam Village,

Mettupalayam Taluk, Coimbatore District by considering the petitioner's representation dated 18.02.2025 and 20.02.2025.

2. It is submitted by the learned counsel for the petitioner that the petitioner is a trust, registered in the name of "Sri Kannika Parameshwari Kovil Trust". The trust is represented by one Mr.V.Kanagaraj, who is the Treasurer. While so, respondents 5 to 9 are attempting to take over possession of the private temple property. They are continuously interfering with the administration of the temple. It is the case of the petitioner/trust that petitioner submitted representations/objections on 18.02.2025 and 20.02.2025 before the Revenue Authorities to survey the subject property and demarcate the land with proper boundaries. However, the same was not considered, hence the present writ petition.

3. On this being pointed out, the learned Additional Government Pleader appearing on behalf of the respondents 1 to 4 would submit that they would consider the petitioner's representations and carry out a survey and place

boundary stones at the subject property within a time frame fixed by this Court, which was agreed to by the learned counsel for the petitioner.

4. In view of the limited relief that is prayed for, this Court is inclined to dispose of the Writ Petition with the following directions; (1)The respondents 1 to 4 shall consider the representations dated 18.02.2025 and 20.02.2025 in accordance with law, after issuing notice to the petitioner, adjacent land owner and all other interested parties including rival claimants, if any.

(2)Though facts have been set out extensively in the affidavit, this Court does not propose to deal with them, leaving it open to the respondents to call for any document/conduct inquiry, if necessary, while considering the representations for conducting a survey of the subject property. It is also open to the respondents to call for documents to satisfy themselves of the petitioner's entitlement for requesting survey of subject property.

(3)The entire process shall be completed within a period of 12 weeks from the date of uploading of the web copy without waiting for the receipt of certified copy.

(4) It is made clear that this Court has not expressed any views with

regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of the petitioner and all other interested parties are left open.

The connected Miscellaneous Petition is closed. No costs. 16-07-2025 Index:Yes/No Speaking/Non-speaking order Internet:Yes Jeni

To 1.The District Collector Coimbatore District 2.The Revenue Divisional Officer Mettupalayam Division, Coimbatore District.

3.Tahsildar Mettupalayam Taluk Coimbatore District 4.The Taluk and Surveyor Mettupalayam Taluk office , Mettupalayam, Coimbatore District

MOHAMMED SHAFFIQ J.

Jeni 16-07-2025