A.Gunasekaran v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26.09.2024
CORAM:
THE HON'BLE MR.JUSTICE M.DHANDAPANI and WMP.No.21892 of 2019 A.Gunasekaran
...Petitioner
Vs.
1.
The District Collector, Erode District, Erode.
2.
The Revenue Divisional Officer, Erode Revenue Division, Erode.
3.
The Tashildar, Modakurichi Taluk, Erode District.
4.
The Inspector of Police, Arachalur Police Station, Modakurichi Taluk, Erode District.
5.
M.Ponnusamy 6.
S.Muthusamy 7.
M.Arumugam 8.
M.Murugesan
...Respondents
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Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the 1st respondent to consider the representation of the petitioner dated 09/07/2018 and pass orders restoring the Village Revenue Records in respect of the land in Patta Nos.1999 and 1862 R.S.Nos.1342/1 and 1342 /2 measuring an extent of Hectares 2 Acre 86 at Vadugapatti 'E' Village, Arachalur Post, Modakurichi Taluk, Erode District, which is classified as 'Devadayam Inam' in the name of Elavanatham Sri Uma Kaliamman Temple.
For Petitioner : Mr.M.Ramamoorthi For Respondents : Mr.U.Baranidharan, AGP, for R1 to R3 : Mr.L.Baskaran, GA(Crl. Side), for R4 : Mr.N.Loganathan, for R5 to R8
ORDER
This Writ petition has been filed seeking direction to the 1st respondent to consider the petitioner's representation dated 09.07.2018 and to consequently, restore the Village Revenue Records in respect of the land in Patta Nos.1999 and 1862 R.S.Nos.1342/1 and 1342/2 measuring an extent of Hectares 2 Acre 86 at Vadugapatti 'E' Village, Arachalur Post, Modakurichi Taluk, Erode District, which is classified as 'Devadayam Inam' in the name of Elavanatham Sri Uma Kaliamman Temple. 2/6
2. The case of the petitioner is that, he is a devotee of Elavanatham Sri Uma Kaliamman Temple. The land in Patta Nos.1999 and 1862 R.S.Nos.1342/1 and 1342/2 measuring an extent of Hectares 2 Acre 86 at Vadugapatti 'E' Village, Arachalur Post, Modakurichi Taluk, Erode District, which is classified as 'Devadayam Inam' in the revenue records belongs to Arulmigu Elavanatham Sri Uma Kaliamman Temple situated in the said village, which is in existence for more than 150 years. The above said temple lands are neither conveyable nor transferable. While so, the respondents 5 to 8, claiming that they have purchased the above said temple lands from the temple priests, one Kuppandi and others, have prevented the village people from entering the said temple.
Thereby, the petitioner and the other village people made several requests before the authorities regarding the same, however, the same was not considered. Thereby, the petitioner made a detailed representation dated 09.07.2018 before the 1st respondent seeking to restore the village revenue records in respect of the above said temple lands. However, till date, no orders have been passed on the said representation. Hence, this Writ petition.
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3. Though very many grounds have been raised, the learned counsel for the petitioner submitted that, it would suffice, if this Court issues direction to the 1st respondent to consider the petitioner's representation dated 09.07.2018 and to consequently, restore the Village Revenue Records in respect of the above said temple lands of the Elavanatham Sri Uma Kaliamman Temple.
4. Learned Additional Government Pleader appearing on behalf of the respondents 1 to 3 submitted that, appropriate orders will be passed on the petitioner's representation dated 09.07.2018 within the time stipulated by this Court.
5. On the above said contentions, heard learned counsel appearing on behalf of the respondents 4 to 8 and perused the materials placed on record.
6. In view of the aforesaid submissions, this Court, without going into the merits of the case, directs the 1st respondent to consider the petitioner's representation dated 09.07.2018 on merits and in accordance with law and 4/6
pass appropriate orders within a period of two weeks from the date of receipt of a copy of this order, after conducting proper enquiry by affording an opportunity of personal hearing to the petitioner, the private respondents and other aggrieved persons, if any.
7. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, the connected Miscellaneous petition is closed. 26.09.2024 skt NCC : Yes/No Index : Yes/No Speaking order : Yes/No To:
1.
The District Collector, Erode District, Erode.
2.
The Revenue Divisional Officer, Erode Revenue Division, Erode.
3.
The Tashildar, Modakurichi Taluk, Erode District.
4.
The Inspector of Police, Arachalur Police Station, Modakurichi Taluk, Erode District.
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M.DHANDAPANI, J.
skt and WMP.No.21892 of 2019 26.09.2024 6/6