Nrkn Charitabl Trust, v. Government Of Tamil Nadu,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 01.06.2020

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.No.18005 of 2018 NRKN Charitable Trust, Represented by Managing Trustee Mr.Sankar Manivannan, Ranga Vilas 1371, New No.1629, Trichy Road, Coimbatore - 641018.

...

Petitioner Vs.

1.Government of Tamil Nadu Represented by its Secretary, Fort St.George, Chennai - 60 009.

2.District Collector, Tirupur.

3.Thasildhar, Uthukuli.

4.Thasildhar, Avinashi.

5.Arulmigu Bathrakali Amman Kovil, Velliampathi, Aadhiyur Post, Kunnathur-via-Tiruppur - 638103. ... Respondents Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents to consider our representation dated 02.04.2018 delete the name of Bathrakali Amman Temple's name and issue patta in favour of Nanjundapuram Na.Ra.Karuppanna Nadar Charities for the land situate in Old S.F.No.32/New S.F.No.106 situate in Vellampathi Village, Erode Taluk presently Uthukuli Taluk, Tiruppur District.

1/4

For Petitioner :

Mr.K.Venkatasubban for M/s.Sarvabhauman Associates For RR1 to 4 :

Mr.S.N.Parthasarathi For R5 :

Mr.M.Karthikeyan Special Government Pleader

O R D E R

This writ petition has been filed for the issue of a Writ of Mandamus directing the respondents to consider the representation made by the petitioner on 02.04.2018 and to delete the name of the fifth respondent temple and grant patta in favour of the petitioner.

2.

When this matter came up for hearing on 30.08.2019, it was represented on behalf of the respondents that the representation made by the petitioner has been taken on file and notice has been issued to the petitioner as well as the fifth respondent and the enquiry has been fixed on 09.09.2019. It was further represented that a report will be filed on the outcome of the enquiry.

3.

The learned counsel for the petitioner submitted that a detailed enquiry was conducted by the District Revenue Officer (DRO), Tiruppur and both the parties have submitted all the relevant documents and have made elaborate submissions. The learned counsel further submitted that eventhough this Court had directed the report to be submitted on 31.10.2019 with regard to the result of the enquiry, till date no final orders have been passed by the DRO, Tiruppur. Therefore, the learned counsel submitted that a direction may be issued to the DRO, Tiruppur, to pass final orders within a time fixed by this Court. 4.

Mr.S.N.Parthasarathi, learned Government Advocate appearing on behalf of the respondents 1 to 4 submitted that the enquiry has been completed and final orders are yet to be passed. He further submitted that this Court can take into consideration the present situation prevailing and sufficient time can be given for passing the final orders. 5.

Heard Mr.K.Venkatasubban, learned counsel appearing on behalf of the petitioner and Mr.S.N.Parthasarathi, learned Government Advocate appearing on behalf of the respondents 1 to 2/4

4 and Mr.M.Karthikeyan, learned Special Government Pleader appearing on behalf of the fifth respondent.

6.

This Court has considered the submissions made by the learned counsel on either side and carefully perused the materials available on record.

7.

It is clear from the submissions made by either side that the DRO, Tiruppur, has called the parties for an enquiry and has heard the parties and also has collected the relevant materials both from the petitioner as well as the fifth respondent temple. What remains is the final order to be passed by the DRO, Tiruppur. In view of the same, there shall be a direction to the DRO, Tiruppur, to pass final orders within a period of six weeks from the date of receipt of a copy of this order.

Resultantly, this writ petition is disposed of with the above direction.

Sd/- Assistant Registrar(CS I) //True Copy// Sub Assistant Registrar nsd To 1.Government of Tamil Nadu Represented by its Secretary, Fort St.George, Chennai - 60 009.

2.District Collector, Tirupur.

3.Thasildhar, Uthukuli.

4.Thasildhar, Avinashi.

3/4

5.The District Revenue Officer Thiruppur W.P.No.18005 of 2018 aa01/07/2020 4/4