Govindasamy,S/O.Nagappan v. The Commissioner, Hindu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.11.2018
CORAM:
THE HON'BLE MRS.JUSTICE PUSHPA SATHYANARAYANA W.P.No.22105 of 2018 & W.M.P. Nos.25904 and 25905 of 2018 Govindasamy Veeramani Ramadoss Rajalakshmi Sankar Panneer Selvam Ellammal Subramani Loganathan Indrani Mahendiran Duraisamy Samanthi Muniyammal Navammal Manjula Muniyammal : Petitioners vs.
The Commissioner Nungambakkam Chennai 600 034
The Joint Commissioner Villupuram Division Villupuram The Assistant Commissioner Thiruvannamalai Thiruvannamalai District The Inspector/Fit Person Arulmigu Pachiswarar Temple Cheyyar Town and Taluk Thiruvannamalai District The District Collector Thiruvannamalai District Thiruvannamalai The Revenue Divisional Officer Cheyyar Revenue Division Cheyyar Thiruvannamalai District The Tahsildar Cheyyar Taluk Cheyyar Thiruvannamalai District : Respondents Writ Petition filed under Article 226 of Constitution of India seeking to issue a writ of mandamus directing the respondents 2 to 4 to consider the tenancy of the petitioners for their residential houses situated in Survey No.25 of Parithipuram Village, Cheyyar Taluk, Thiruvannamalai District based on the application dated 14.08.2018.
For petitioners : Mr. M.R. Jothimanian for Mr. K.Balu For RR 1 to 4 : Mr. S.P. Maharajan Special Government Pleader H.R & C.E.
For RR 5 to 7 : Mr. V. Jayaprakash Narayanan Special Government Pleader
ORDER
With consent, this writ petition is taken up for final disposal.
This writ petition has been preferred seeking a writ of mandamus directing the respondents 2 to 4 to consider petitioners' tenancy for their residential houses situated in Survey No.25, Village, Cheyyar Taluk, Thiruvannamalai District, based on their representation dated 14.08.2018.
According to the petitioners, they are landless poor having houses in the land in S. No.25, Parithipuram Village, Cheyyar Taluk, Thiruvannamalai District, which was originally classified as a Government poramboke land; but, now, since the land in the aforesaid survey number belongs to the fourth respondent temple, they have been directed to vacate their houses as per E.P. proceedings of the Civil Court; while so, they have addressed a representation dated 14.08.2018 to the second respondent seeking grant of tenancy under the H.R. & C.E. Department, but, to no avail; hence, the instant writ petition seeking the aforesaid relief.
Concededly, the petitioners have been in occupation of their houses in the land in question, now, owned by the fourth respondent temple. According to the learned Special Government Pleader appearing for respondents 1 to 4, there was a suit filed in O.S. No.267 of 1961 before the Subordinate Court, Ranipet, Vellore, qua the land in question, seeking declaration of title and permanent injunction, which was dismissed vide judgment dated 29.11.1963; the appeal filed thereagainst by the Trustees of the temple in A.S. No.49 of 1965 was allowed on 16.02.1971; the Second Appeal in S.A. No.1874 of 1972 filed by the defendants in the original suit was also dismissed on 28.04.
1982; thereafter, the decree was put in execution and the petitioners herein have filed an obstruction petition, on account of which, the fourth respondent temple is unable to proceed with the execution; while that being so, the petitioners have preferred this writ petition seeking a mandamus to direct the temple authorities and the H.R. & C.E. Department as well, to consider their tenancy and permit them to continue to occupy in the place in question.
Incontrovertibly, the petitioners do not have any independent right over the property in question and they claim tenancy merely based on their possession for over a long number of years.
Given the facts and circumstances obtaining in this case and also bearing in mind, the limited scope of the relief sought by the petitioners, viz., tenancy of the petitioners based on their representation dated 18.04.2018, this Court is of the view that the ends of justice would be met by directing the
authorities concerned to consider the petitioner's aforesaid representation on merits and in accordance with law within a time frame.
Accordingly, this writ petition stands disposed of with a direction to the respondents 2 to 4 to consider the petitioners' representation dated 14.08.2018 on merits and in accordance with law, of course, after giving notice to all the parties concerned and affording them an opportunity of hearing, within a period of six weeks from the date of receipt of a copy of this order. Costs made easy. Connected W.M.Ps. are closed. Sd/- Assistant Registrar(CO) //True Copy// Sub Assistant Registrar cad To The Commissioner Nungambakkam, Chennai 600 034 The Joint Commissioner Villupuram Division, Villupuram The Assistant Commissioner Thiruvannamalai Thiruvannamalai District The Inspector/Fit Person Arulmigu Pachiswarar Temple Cheyyar Town and Taluk Thiruvannamalai District The District Collector Thiruvannamalai District, Thiruvannamalai The Revenue Divisional Officer Cheyyar Revenue Division Cheyyar, Thiruvannamalai District
The Tahsildar Cheyyar Taluk Cheyyar, Thiruvannamalai District +1 cc to Mr.V.Raghavachari, Advocate Sr.No. 76992 +1 cc to Mr.K.Balu, Advocate Sr.No.77088 +1 cc to The Special Government Pleader, Sr.No.77635 W.P.No.22105 of 2018 AP(CO) CSL/03.12.2018