Villupuram Thiru Vi-Ka Veethi, v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09.12.2022
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P.No.14268 of 2014 & M.P.No.1 of 2014 & WMP.No.5943 of 2020 Villupuram Thiru Vi-Ka Veethi Iyyanar Kulam North, South Veethi, Shoppers and residence Nala Sangam, 141/D, Thiru vi/ka Veethi, Villupuram - 605 602 Villupuram District Rep. by its President Mr.E.Kumaran ... Petitioner Vs
1. The District Collector, Villupuram District, Villupuram.
2. The Revenue Divisional Officer, Villupuram, Villupuram District.
3. The Tahsildar, Villupuram, Villupuram District.
4. The Management of Sri Anjaneya Swamy Thiru Koi, Rep. by its Hereditary Trustee, Thiru Vi.Ka. Veethi, Villupuram.
... Respondents Prayer :- Writ Petition filed under the Article 226 of Constitution of India, 1/5
to issue a Writ of Certiorarified Mandamusto call for the records relating to the impugned proceedings issued by the second respondent in Na.Ka.A3/3589 of 2013 dated 30.04.2014 and to quash the same and consequently direct the second respondent to pass appropriate orders for cancellation of patta granted in favour of the fourth respondent as per the proceedings in Na.Ka.A2/5508/2002 dated 01.10.2002 in respect of land in R.S.No.453/1A presently T.S.No.40, Villupuram Taluk and Town based on the report submitted by the respondent in Na.Ka.A2/17940/2013 dated 08.11.2013 within a time frame to be fixed by this Court. For Petitioner : No appearance For Respondents : Mr.N.R.R.Arun Natarajan Special Government Pleader [HR & CE] - R1 to R3 Mr.N.Suresh - R4
ORDER
These Writ Petitions have been filed to quash the impugned proceedings issued by the second respondent dated 30.04.2014 and consequently direct the second respondent to pass appropriate orders for cancellation of patta granted in favour of the fourth respondent as per the proceedings in Na.Ka.A2/5508/2002 dated 01.10.2002 in respect of land in R.S.No.453/1A presently T.S.No.40, Villupuram Taluk and Town based 2/5
on the report submitted by the respondent in Na.Ka.A2/17940/2013 dated 08.11.2013 within a time frame to be fixed by this Court.
2. This Writ Petition has been filed by the Shoppers and Residence Association to cancel the patta issued in favour of the fourth respondent and direct the second respondent to issue patta in favour of the petitioner. Whereas, in the impugned Order it has been specifically stated that shop owners have filed Writ Petitions challenging the rent fixed by the Hindu Religious Endowments Department and none of them have filed any petition challenging the tile of the land. Once the shop owners have accepted the tile of the temple and paid rents to the temple, now they cannot contend that the land belong to them and the patta granted in favour of the temple has to be cancelled.
4. It is relevant to note that as the shop owners defaulted in paying the rent fixed by the Department, notice under section 78 of the Hindu Religious and Charitable Endowments Act has been issued and subsequent to the filing of these Writ Petitions, the proceedings under section 78 of the Hindu Religious and Charitable Endowments Act has been concluded 3/5
and final Order has also been passed for evicting the shop owners. In such view of the matter, I do not find any merits in this Writ Petition.
4. Accordingly, this Writ Petition is dismissed. Consequently, connected miscellaneous petitions are closed. No costs. 09.12.2022 vrc
1. The District Collector, Villupuram District, Villupuram.
2. The Revenue Divisional Officer, Villupuram, Villupuram District.
3. The Tahsildar, Villupuram, Villupuram District.
4. The Management of Sri Anjaneya Swamy Thiru Koi, Rep. by its Hereditary Trustee, Thiru Vi.Ka. Veethi, Villupuram.
4/5
N.SATHISH KUMAR, J.
vrc 09.12.2022 5/5