Madras High CourtWP/23469/2018disposed of

Kaliyan, v. The District Collector,

2023-08-25Honourable The Chief Justice,Honourable Mr Justice P.D.Audikesavalu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.08.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.D.AUDIKESAVALU Kaliyan : Petitioner versus 1.The District Collector Salem District, Salem.

2.The District Revenue Officer Salem District, Salem.

3.The Revenue Divisional Officer Attur, Salem District.

4.The Joint Commissioner Hindu Religious & Charitable Endowment Board, Salem.

5.The Inspector, Hindu Religious & Charitable Endowment Board Salem.

6.The Executive Officer Hindu Religious & Charitable Endowment Board Vellaipillaiyar Temple Campus, Aattur, Salem District-636 112.

7.The Tahsildar Attur Taluk, Salem District.

8.The Block Development Officer Thalaivasal Union, Salem District.

9.The Inspector of Police, Thalaivasal Police Station, Salem District.

10.Sakthivel 11.Raju 12.Periyasamy 13.Tamilkannan 14.Nallathambi 15.Arunachalam 16.Annamalai 17.Periyasamy 18.Subramanai 19.Ramakkannu 20.Sakthivel 21.Kanurnanithi 22.Kannan 23.Durai @Paramesh 24.Anastraj : Respondents Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus to call for the records of the impugned order in Na.Ka.No.4992/2017/A5 dated 02.08.2018 passed by the 7th respondent and quash the same and consequently direct the respondents 1 to 9 to ensure that the Pidariamman Karuppaiya Temple land comprising in Survey No.311/1 situated at Unathur Village, Attur Taluk, Salem District into its original status as per the revenue records.

For the Petitioner :

Mr.M.G.Ramachandiran For Respondents 1 to 3, :

Mr.P.Muthukumar, 7 to 9 State Government Pleader, Assisted by Mr.Karthik Jagannathan, Government Advocate

For Respondents 4 & 5 :

Mr.Yashwanth, Additional Government Pleader For 6th respondent :

Mr.A.Rajakumar Respondent No.10 refused notice For Respondents 11 to 14 :

Mr.R.Sankarasubbu

ORDER

(Made by the Hon'ble Chief Justice) We have heard Mr.M.G.Ramachandiran, learned counsel for the petitioner, Mr.P.Muthukumar, learned State Government Pleader, for respondents 1 to 3 and 7 to 9; Mr.Yashwanth, learned Additional Government Pleader, for respondents 4 and 5, Mr.A.Rajakumar, learned counsel for the sixth respondent, Mr.R.Sankarasubbu, learned counsel for respondents 11 to 14.

2. The order impugned permits both the parties to perform worship subject to the conditions enumerated therein.

3. In case the petitioner's civil rights are violated, it is for him to approach the Civil Court or such other forum, as may be permissible under law, to establish such rights. All contentions of the respective parties are kept open.

4. With this observation, the writ petition is disposed of. There will be no order as to costs. Consequently, WMP Nos.27385 to 27387 of 2018 are closed. (S.V.G., CJ.) (P.D.A., J.) 25.08.2023 Index : Yes/No : Yes/No tar

To 1.The District Collector Salem District, Salem.