A.Radhakrishnan, v. The Commissioner Of Land Administration,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.09.2024 CORAM :
THE HON'BLE MR.D.KRISHNAKUMAR, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE P.B.BALAJI A.Radhakrishnan ..
Petitioner Vs.
1. The Commissioner of Land Administration Chepauk Chennai 600 005.
2. The Commissioner Hindu Religious and Charitable Endowments Department 119, Nungambakkam High Road Chennai 600 034.
3. The District Collector
4. The Tahsildar Manakadu Salem 636 007.
5. The Chairman Board of Trustees/Fit Person
6. The Executive Officer
7. The District Revenue Officer ..
Respondents [R7 suo motu impleaded by order dated 11.09.2024] Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of Certiorarified Mandamus calling for the records pertaining to the order passed by the 4th respondent in Roc.No.949/2024/A9 dated 10.05.2024 and quash the same and consequentially issue direction directing the respondents to issue patta relating to the properties of the 6th respondent temple. For the Petitioner : Mr.A.Radhakrishnan Petitioner-in-Person For the Respondents : Mr.T.K.Saravanan Government Advocate for Respondents 1, 3 & 4 Mr.N.R.R.Arun Natarajan Special Government Pleader (HR & CE) for Respondents 2, 5 & 6
ORDER
(Order of the Court was made by the Hon'ble Acting Chief Justice) The petitioner assails the rejection order dated 10.05.2024
and consequently, seeks patta to the properties of the sixth respondent temple.
2. Learned Government Advocate submits that the sixth respondent temple has preferred an appeal before the District Revenue Officer and the same is pending.
3. The petitioner appearing in person submits that District Revenue Officer is not the competent authority and therefore, he is not in a position to file an appropriate application in the appeal filed by the sixth respondent.
4. Learned Special Government Pleader submits that the appeal has been filed before the District Revenue Officer instead of Revenue Divisional Officer, who is the competent authority.
5. In view of the above, the District Revenue Officer, Salem, is suo motu impleaded as the seventh respondent in this writ petition.
6. The District Revenue Officer is directed to forward the appeal filed by the sixth respondent to the Revenue Divisional Officer for taking appropriate decision in the appeal. The petitioner in person is permitted to file an application before the Revenue Divisional Officer, Salem within two weeks from the date of receipt of a copy of this order. Thereafter, the Revenue Divisional Officer shall take up both the appeals and pass appropriate orders, after issuing notice to the parties concerned, in the light of the decision rendered by this Court in W.A.Nos.126 of 2022 etc. batch dated 13.06.2022.
7. The writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.25921 of 2024 is closed. (D.K.K., ACJ.) (P.B.B., J.) 11.09.2024 Index :
Yes/No Yes/No
kpl To
1. The Commissioner of Land Administration Chepauk Chennai 600 005.
2. The Commissioner Hindu Religious and Charitable Endowments Department 119, Nungambakkam High Road Chennai 600 034.
3. The District Collector
4. The Tahsildar Manakadu Salem 636 007.
5. The Chairman Board of Trustees/Fit Person
6. The Executive Officer
7. The District Revenue Officer
D.KRISHNAKUMAR, ACJ, AND P.B.BALAJI ,J.
(kpl) 11.09.2024