M.Rajendran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 11.07.2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM M.Rajendran ... Petitioner Vs.
1.The District Collector, Thiruvarur District, Office of the District Collector, Thiruvarur.
2.The District Revenue Officer, Thiruvarur District, Office of the District Collector, Thiruvarur.
3.The Joint Commissioner, Hindu Religious and Charitable Endowments Board, Thanjavur.
4.The Thasildhar, Needamangalam Taluk, Thiruvarur District, Office of the Thasildar, Needamangalam.
5.The Executive Officer, Sri Thyagarajaswani Devasatanam, Tiruvarur.
6.The Joint Commissioner, HR & CE Department, Nagapattinam.
... Respondents [R5 & R6 suo-motu impleaded vide order dated 02.06.2023 made in W.P.No.15442 of 2023] Prayer: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second and fourth respondent to consider the petition dated 28.09.2015 for grant of patta with respect to Acre 24.47 Cents in Ogaipperaiyur District Village, Needamangalam Taluk, Thiruvarur District in Survey Nos.102/1,2,3, 103/1, 105/1A2, 1A4, 1C, 3, 4, 5A, 5B, 6A1, 8, 239/1&2, 240/2A1, 2A2, 2D1, 2D11, 2D7, 2D8 in the name of the petitioner.
For Petitioner : Mr.M.L.Ramesh For R1, R2 & R4 : Mr.G.Krishna Raja, Additional Government Pleader For R3 & R5 : Mr.S.Yashwanth, Additional Government Pleader (HR & CE)
O R D E R
The relief sought for in the present writ petition is to direct the 2nd and 4th respondents to consider the petition dated 28.09.2015 for grant of patta with respect to Acre 24.47 Cents in Ogaipperaiyur District Village, Needamangalam Taluk, Thiruvarur District in Survey Nos.102/1,2,3, 103/1,
105/1A2, 1A4, 1C, 3, 4, 5A, 5B, 6A1, 8, 239/1&2, 240/2A1, 2A2, 2D1, 2D11, 2D7, 2D8 in the name of the petitioner.
2. The learned Additional Government Pleader appearing for the respondents 3 and 5 has brought to the notice of this Court that the Tahsildar has already initiated action and in the process of conducting an enquiry. It is further contended that the subject property has been endowed under the provisions of the Hindu Religious and Charitable Endowments Act. In this regard, the Temple also has filed their objections and that the issues are in the process of enquiry.
3. The writ petitioner has earlier filed writ petition in W.P.No.4506 of 2021, seeking the very same relief as such sought for in the present writ petition. This Court had earlier passed an order dated 01.03.2021, directing the authorities to pass appropriate orders.
4. Repeatedly filing writ petitions with the same relief cannot be appreciated nor entertained by this Court. However, in the present case, the jurisdictional Tahsildar has already commenced the enquiry and therefore,
he is expected to complete with the same and pass appropriate orders on merits and in accordance with law.
5. With these observations, the writ petition stands disposed of. No costs.
11.07.2023 skr Index : Yes Speaking order To 1.The District Collector, Thiruvarur District, Office of the District Collector, Thiruvarur.
2.The District Revenue Officer, Thiruvarur District, Office of the District Collector, Thiruvarur.
3.The Joint Commissioner, Hindu Religious and Charitable Endowments Board, Thanjavur.
4.The Thasildhar, Needamangalam Taluk, Thiruvarur District,
Office of the Thasildar, Needamangalam.
5.The Executive Officer, Sri Thayagarajaswani Devasatanam, Tiruvarur.
6.The Joint Commissioner, HR & CE Department, Nagapattinam.
S.M.SUBRAMANIAM, J.
skr 11.07.2023