R.Saminathan v. The Stae Of Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.06.2024 CORAM :
THE HON'BLE MR.R.MAHADEVAN, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE MOHAMMED SHAFFIQ W.P.No.15440 of 2024 and W.M.P. No.16796 of 2024 R. Saminathan Petitioner v The State of Tamil Nadu represented by its Principal Secretary Revenue and Disaster Management Department Fort St. George Chennai 600 009 The District Collector Cuddalore 607 001 The Tahsildar Kurinjipadi Taluk Cuddalore 607 302 The Assistant Director of Town Panchayat Assistant Director Office Cuddalore The Executive Officer Kurinjipadi Town Panchayat
Pudhu Theru Sri Subramaniya Swami Koil represented by its Trustee Pudhu Subramaniya Swami Koil Street The Inspector of Police Kurinjipadi Police Station Respondents Writ Petition filed under Article 226 of the Constitution of India praying for a writ of mandamus directing the second respondent to cancel patta No.144 issued in the name of the sixth respondent and consequentially issue patta in favour of the residents of Puliyanthopu in respect of the land measuring an extent of Hec. Ares 0.49.00 in Grama Natham in Old Survey Nos.53, 59/5, which is subsequently re-numbered now as Survey No.416/1, Old Survey No.59/6 in North Kurinjipadi Village, Kurinjipadi Taluk, Cuddalore District.
For petitioner Mr. R. Chakkaravarthy For RR 1 to 5 Mr. M. Habeeb Rahman Government Advocate For R6 Mr. N.R.R. Arun Natarajan Special Government Pleader
ORDER
(Made by the Hon'ble Acting Chief Justice) With consent, this writ petition is taken up for final disposal at the admission stage itself.
Heard Mr. R. Chakkaravarthy, learned counsel for the petitioner, Mr. M. Habeeb Rahman, learned Government Advocate appearing for the respondents 1 to 5 and Mr. N.R.R. Arun Natarajan, learned Special Government Pleader appearing for the sixth respondent temple.
The issue involved in this writ petition pertains to cancellation of patta issued to the sixth respondent temple in respect of Grama Natham land in Old Survey Nos.53 & 59/5 in North Kurunjipadi Village, Kurinjipadi Taluk, Cuddalore District, and issuance of patta to the petitioner and other residents of the locality in question.
The petitioner's case, in essence, is that the Trustees of the sixth respondent temple, without being in possession of the property and without having any title document, using their influence with the Revenue officials, obtained patta for the temple during 1994 - 1996 and with the help of the respondents 5 and 7, viz., the Executive Officer of the Kurinjipadi Town Panchayat and the Inspector of Police, respectively, the Trustees of the sixth respondent temple are attempting to dispossess the petitioner and the other residents of the locality; hence, many a representation seeking cancellation of patta issued to the sixth respondent temple and issuance of patta favouring the residents of Puliyanthoppu, were addressed and since the authorities have turned a Nelson's eye to the same, the present writ petition has been filed in the form of a public interest litigation.
That there is a rival claim with regard to the title to the property wherein the temple is situated, is not in dispute. Such being the case, this Court cannot grant the relief as sought by the
petitioner. However, it is open to the petitioner to move the competent authority and place all materials at his command and get his grievance ventilated.
With the above observation, this writ petition stands disposed of sans costs. Connected W.M.P. stands closed. (R.M.D., ACJ.) (M.S.Q., J.) 14.06.2024 Index :
Yes/No NC :
Yes/No cad To:
The Principal Secretary Revenue and Disaster Management Department Government of Tamil Nadu Fort St. George Chennai 600 009 The District Collector Cuddalore 607 001 The Tahsildar Kurinjipadi Taluk Cuddalore 607 302
THE HON'BLE ACTING CHIEF JUSTICE AND MOHAMMED SHAFFIQ,J.
cad The Assistant Director of Town Panchayat Assistant Director Office Cuddalore The Executive Officer Kurinjipadi Town Panchayat The Trustee Pudhu Theru Sri Subramaniya Swami Koil Pudhu Subramaniya Swami Koil Street The Inspector of Police Kurinjipadi Police Station 14.06.2024