P.V.Subramanian v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 06.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.13753 of 2024

1. P.V.Subramanian

2. M.Dinagaran .. Petitioners

Versus

1. The District Collector, Vellore District At Vellore.

2. The District Revenue Officer, Vellore District, At Vellore.

3. The Revenue Divisional Officer, Vellore, Vellore District.

4. The Tahsildar,

5. The Executive Officer, Arulmigu Pidari Kaliamman Thirukoil, Pichanoor Village, Gdiyattam Taluk, Vellore District.

6. Arulmigu Pidari Kaliamman Thirukoil Thiruvizha Mattrum Thirupani Kuzhu Trust, Rep. by its President A.K.Prakasam, Kasthuri Bail Street, Pichanoor, .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to consider the 1/6

petitioners Representation dated 19.02.2024 and thereby direct the respondents 1 to 3 to cancel patta issued in the name of respondents 5 and 6 namely Arulmigu Pidari Kaliamman Temple and issue patta in the name of petitioners in respect of the property situated in survey No 297 / 2 to an extent of acres 1.17 cents and survey No 205 to an extent of 30 cents Pichanur Village, For Petitioner : Mr.B.Sundarapandiyan For Respondents : Mr.A.Selvendran, Special Government Pleader - R1 to R4 Mr.N.R.R.Arun Natarajan Special Government Pleader [HR & CE] - R5 & R6

ORDER

With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to direct respondents to consider the representation of the petitioners dated 19.02.2024 and thereby direct the respondents 1 to 3 to cancel patta issued in the name of respondents 5 and 6 namely Arulmigu Pidari Kaliamman Temple and issue patta in the name of petitioners in respect of the property situated in survey No 297 / 2 to an extent 2/6

of acres 1.17 cents and survey No 205 to an extent of 30 cents Pichanur Village, Gudiyattam Taluk, Vellore District.

3. Heard learned counsel for the petitioners and the learned Special Government Pleaders appearing for the respondents and perused the materials available on record.

4. The case of the petitioners is that the subject property has been purchased by the petitioners by virtue of the sale deed dated 08.10.2010. While so, the fifth respondents claiming title over the property filed a Writ Petition in W.P.No.29050 of 2018 and this Court by an Order dated 08.11.2018 disposed of the Writ Petition. Based on the Orders of this Court, the fourth respondent without conducting any enquiry submitted a report to the third respondent and third respondent in turn directed the fourth respondent to issue patta in the name of the fifth and sixth respondents. As against which the petitioners have filed an appeal before the first respondent on 19.02.2024 and the same is pending without any progress. Hence, the present Writ Petition.

5. Considering the limited prayer sought for in the Writ Petition, without going into the merits of this Writ Petition, the first respondent is 3/6

directed to dispose of the appeal filed by the petitioners on 19.02.2024 on merits and in accordance with law within a period of two months from the date of receipt of a copy of the Order.

6. With the above direction, this writ petition is disposed of. No costs. 06.06.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,

1. The District Collector, Vellore District At Vellore.

2. The District Revenue Officer, Vellore District, At Vellore.

3. The Revenue Divisional Officer, Vellore, Vellore District.

4. The Tahsildar,

5. The Executive Officer, Arulmigu Pidari Kaliamman Thirukoil, Pichanoor Village, Gdiyattam Taluk, Vellore District. 4/6

6. Arulmigu Pidari Kaliamman Thirukoil Thiruvizha Mattrum Thirupani Kuzhu Trust, Rep. by its President A.K.Prakasam, Kasthuri Bail Street, Pichanoor, 5/6

N. SATHISH KUMAR , J.

vrc W.P.No.13753 of 2024 06.06.2024 6/6