Shanmugasundaraj v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 29.04.2025

CORAM:

THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.No.17367 of 2025 1.

SHANMUGASUNDARAJ 2.

KANAGARAJ 3.

JAYAGOPAL 4.

VASUDEVAN MUTHURAJ 6.

SUBRAMANIAM 7.

VENKATACHALAM 8.

KANAGARAJ 9.

JAYAPRAKASH 10.

VELLIANGIRI 11.

RAMAKRISHNAN ... Petitioners Vs 1.

THE SUB COLLECTOR, POLLACHI, COIMBATORE DISTRICT.

2.

THE SPECIAL OFFICER/DISTRICT REVENUE OFFICER, (HR & CE TEMPLE LANDS) COIMBATORE.

3.

THE JOINT COMMISSIONER, HR & CE COMMERCIAL TAX BUILDING, GROUND FLOOR, DR.BALASUNDARAM ROAD, COIMBATORE - 641 018.

4.

THE INSPECTOR, HR & CE KINATHUKADAVU, REPRESENTING VARDHARAJA PERUMAL TEMPLE, KURUMABAPALAYAM, POLLACHI TALUK.

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THE TAHSILDAR TALUK OFFICE, POLLACHI.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Certiorari, calling for the records of the first respondent by proceedings in O.Mu.No.971/2025/A1 dated 12.03.2025 and quash the same. For Petitioners : Mr.W.Camyles Gandhi For R1 & R5 : Mr.R.Balamurugan Government Advocate For R3 & R4 : Mr.S.Ravichandran Additional Government Pleader

ORDER

This writ petition is filed challenging the impugned order dated 12.03.2025. By the said order, the request of the petitioners to consider the representation and to restore the patta in the petitioner's name was rejected by the first respondent.

2. As a matter of fact, it can be seen that the temple, namely Arulmighu Varadaraja Perumal Temple, Kurumabapalayam, Pollachi Taluk, is claiming title based on the Inam Settlement Register. The petitioners claims title based on a sale deed dated 01.05.1880 bearing No. 816 of 1880. Since the 2/4

petitioners wants to accept a rival title, the same cannot be gone into and decided by the first respondent. The first respondent has rightly relegated the petitioners to approach the Competent Civil Court.

3. In view thereof, keeping open the liberty of the petitioners to take such steps in the manner known to law, this writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed. No costs. 29.04.2025 1/2 nsl To 1.

THE SUB COLLECTOR, POLLACHI, COIMBATORE DISTRICT.

2.

THE SPECIAL OFFICER/DISTRICT REVENUE OFFICER, (HR & CE TEMPLE LANDS) COIMBATORE.

3.

THE JOINT COMMISSIONER, HR & CE COMMERCIAL TAX BUILDING, GROUND FLOOR, DR.BALASUNDARAM ROAD, COIMBATORE - 641 018.

4.

THE INSPECTOR, HR & CE KINATHUKADAVU, REPRESENTING VARDHARAJA PERUMAL TEMPLE, KURUMABAPALAYAM, POLLACHI TALUK.

THE TAHSILDAR TALUK OFFICE, POLLACHI.

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D.BHARATHA CHAKRAVARTHY, J.

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