R.Govindaraji v. The Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE K.RAJASEKAR and C.M.P.No.18635 of 2024 1.
R.Govindaraji T.Parasuraman A.Manikandan K.Gurunathan 5.
E.Kanniappan 6.
K.Kamalapadham ... Appellants/Petitioners Vs.
1.
The Collector, Villupuram District, Collector Office Road, Moovendar Nagar, Villupuram, Tamil Nadu - 605 602.
The Executive Director, Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
The Regional Director, Municipal Administration, Vellore Region, 50, M.P.Sarathy Nagar, Kagithapatarai, Vellore, Tamil Nadu - 632 012.
The Commissioner, Kottakuppam Municipality, Kottakuppam, 97, Mahatma Gandhi Road, Solai Nagar, Kottakuppam, Tamil Nadu - 605 104.
... Respondents/Respondents Prayer: Writ appeal filed under Clause 15 of the Letters Patent Act, to set aside the order dated 16.07.2024 in W.P.No.16282 of 2024. For Appellants : Mr.R.Udhayakumar For Respondents : Mr.P.Muthukumar Additional Advocate General assisted by Mr.T.K.Saravanan Additional Government Pleader [For R1 to R4]
J U D G M E N T
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The writ appeal on hand has been instituted to assail the order dated 16.07.2024 in W.P.No.16282 of 2024.
The writ prayer is to direct the respondents to consider the representation submitted by the appellants dated 28.05.2024. The appellants claim that the subject property morefully described in the representation vest with the temple viz., A/m.Shree Muthumariamman Koil and the temple continued to be administered by the villagers and not under the control of the HR & CE Department. However, the appellants claim that the subject property belongs to the temple. Such disputes of civil nature cannot be adjudicated neither by the Municipal Authorities nor by the High Court in exercise of powers of judicial review under Article 226 of the Constitution of India. Property disputes relating to title are to be adjudicated before the competent Civil Court.
The learned Single Judge made an observation that the subject property was handed over to the Local Authority, 44 years back and now the appellants cannot turn around and claim right over the property. As per the records, the over head water tank has been constructed several decades ago. Therefore, at this length of time, the claim of the appellants cannot be considered by the writ court.
5.
The reasoning stated by the writ court is candid and the appellants have not established even a semblance of legal right for the purpose of considering the relief as such sought for in the writ appeal. 6.
Mere direction to consider the representation would do no service to the cause of justice. Therefore, the writ court has rightly considered the merits and rejected the writ petition. Accordingly, the Writ Appeal stands dismissed. No costs. Connected Miscellaneous Petitions, if any are closed. [S.M.S,J.] [K.R.S,J.] 18.02.2025 veda Index:Yes/No Speaking order/Non-speaking order
To 1.
The Collector, Villupuram District, Collector Office Road, Moovendar Nagar, Villupuram, Tamil Nadu - 605 602.
The Executive Director, Directorate of Municipal Administration, 75, Urban Administrative Building, Santhome High Road, MRC Nagar, Raja Annamalaipuram, Chennai - 600 028.
The Regional Director, Municipal Administration, Vellore Region, 50, M.P.Sarathy Nagar, Kagithapatarai, Vellore, Tamil Nadu - 632 012.
The Commissioner, Kottakuppam Municipality, Kottakuppam, 97, Mahatma Gandhi Road, Solai Nagar, Kottakuppam, Tamil Nadu - 605 104.
S.M.SUBRAMANIAM,J.
AND K.RAJASEKAR,J.
veda 18.02.2025