Sri Velur Vaidhiyanathaswamy v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 15.12.2020
CORAM:
THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.18865 of 2020 Sri Velur Vaidhiyanathaswamy Devasthanam Vaiteeswarankoil, Sirkali Taluk Nagapattinam District.
Rep. by its Hereditary Trustee Sri- La-Sri. Masilamani Desiga Gnanasambanda Paramacharya Swamigal Dharamapuram Adhinam Dharmapuram, Mayiladuthurai - 609 001 Nagapattinam District.
...Petitioner
Vs.
1 The District Collector Salem.
2 The Tahsildar Salem 3 The Commisssioner Salem Municipal Corporation.
4 The Joint Sub - Registrar No.3 Salem West, Salem.
5 Prabha @ Sivakribai 6 Sukantha Malika 7 Shanmugam 8 Sathish 9 Karthikeyan 10 Jamunarani 11 Kannan 12 Anthoni Maxwell 13 The Revenue Divisional Officer Salem.
...Respondents
This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus Directing the respondents 1 -3, more particularly 1st respondent to consider the representation of petitioner complaining wrongful deletion of petitioner Devasthanam's name in Revenue records without proper notice to petitioner and pass suitable orders for restoration of petitioner's name by conducting proper enquiry in accordance with law after notice to all the interested parties concerned within a stipulated time. For Petitioner : Mr.S.Sounthar For Respondents 1, 2 & 13 : Mr.K.Parameshwaran Government Advocate For Respondent-3 : Mr.S.Sathish
ORDER
The Revenue Divisional Officer, Salem is suo-motu impleaded as the 13th respondent in this Writ Petition. 2.
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 Temple, wherein the petitioner is seeking for cancellation of patta issued in favour of the father of the respondents 5 to 10 with respect to the subject property.
3.
Mr.K.Parameshwaran, learned Government Advocate appearing on behalf of the respondents 1, 2 and 13 submitted that the representation made by the petitioner has been transferred to the file of the 13th respondent and the 13th respondent has called the parties for enquiry on 21.12.2020 at 3.00 p.m. The learned counsel further submitted that the representative of petitioner Temple can be present at the time of enquiry along with all the relevant documents. 4.
Taking into consideration the facts and circumstances of the case and also of the fact that the Revenue Divisional Officer, Salem has already called the parties for enquiry, there shall be a direction to the 13th respondent to conduct enquiry after affording opportunity to the petitioner and respondents 5 to 12 and pass final orders strictly in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.
5.
This Writ Petition is disposed of with the above directions. No costs.
Sd/- Assistant Registrar(CS III) //True Copy// Sub Assistant Registrar Mra To 1 The District Collector Salem.
2 The Tahsildar Salem 3 The Commisssioner Salem Municipal Corporation.
4 The Joint Sub - Registrar No.3 Salem West, Salem.
5 The Revenue Divisional Officer Salem.
+1cc to Mr.S.Sounthar, Advocate, SR41072 +1cc to The Government Pleader, SR41301 W.P.No.18865 of 2020 CO(CP) BDL/19/01/2021