Sri Vembadi Iyyanar Temple v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.08.2024
CORAM
THE HONOURABLE MR.JUSTICE S.SOUNTHAR Sri Vembadi Iyyanar Temple, Rep. by its Hereditary Temple, Mr.S.Sundararaju, S/o.M.Srinivasa Pillai, Residing at No.20, I.P.Koil South Street, Thiruvarur - 610 001.
... Petitioner vs.
1.The District Collector, Collectorate Office, Thiruvarur - 610 001.
2.The Tahsildar, Tahsildar Office, Thiruvarur - 610 001.
3.The Deputy General Manager, Land Acquisition Section, ONGC - Niraivi and Post, Karaikal District, Pondicherry.
... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents herein to dispose of the petitioner representation dated 27.05.2024. 1/5
For Petitioner : Mr.J.Nandagopal For Respondents : Mr.M.S.Arasakumar Government Advocate for R1 and R2 Mr.Mohammed Fiyaz Ali Senior Counsel (ONGC) for R3
O R D E R
The petitioner herein seeks a direction to the respondent to consider his representation dated 27.05.2024 and pass orders.
2. According to the petitioner, he is the Hereditary Trustee of Sri Vembadi Iyyanar Temple, located at No.20, I.P.Koil South Street, Thiruvarur - 610 001 and the said temple is a private institution as per the judgment and decree passed in O.S.No.96 of 1978.
3. It is the case of the petitioner that the land of Sri Vembadi Iyyanar Temple, situated in New T.S.No.114 at Ward No.3, Block No.30 and Old T.S.No.389/4, Ward No.3, Block No.10 with an extent of 6098 Sq.ft was taken possession by the 3rd respondent without serving any notice to the petitioner or without initiating the land acquisition proceedings. 2/5
Therefore, the petitioner submitted a representation on 27.05.2024 requesting the 3rd respondent to initiate land acquisition proceedings for acquisition of the above said land and payment of compensation in accordance with law. The said representation has not been considered. Hence, the petitioner is before this Court.
4. Mr.Mohammed Fiyaz Ali, learned Standing Counsel appearing for the 3rd respondent on instructions submits that the 3rd respondent is ready to go for outright purchase of the petitioner's land if the petitioner is able to satisfy about it's title over the subject property. The said statement of the learned Standing Counsel appearing for the 3rd respondent is recorded.
5. The petitioner is directed to produce the documents to establish it's right over the property taken over by the 3rd respondent by making a fresh detailed representation enclosing the copies of the document within a period of two weeks from the date of receipt of this order. The 3rd respondent is directed to consider the same and pass final orders within a further period of six weeks from the date of receipt of fresh representation. 3/5
6. Accordingly, this writ petition is disposed of. No costs. 20.08.2024 Index : Yes/No Speaking order:Yes/No ub To 1.The District Collector, Collectorate Office, Thiruvarur - 610 001.
2.The Tahsildar, Tahsildar Office, Thiruvarur - 610 001.
3.The Deputy General Manager, Land Acquisition Section, ONGC - Niraivi and Post, Karaikal District, Pondicherry.
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S.SOUNTHAR, J.
ub 20.08.2024 5/5