D.Dhandapani v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 06.10.2016

CORAM

THE HONOURABLE MR.JUSTICE B.RAJENDRAN W.P.No.32814 of 2016 and W.M.P.No.28368 of 2016 D.Dhandapani ..

Petitioner -vs1.The District Collector, Coimbatore District, Coimbatore.

2.The Sub-Collector, Pollachi, Coimbatore District.

3.The Tahsildar, Pollachi Taluk, Pollachi, Coimbatore District.

..

Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus directing the respondents to issue patta in the name of the Thulasiamman Temple situated in S.No.371/1A, Chinjuvadi Village, Pollachi Taluk, Coimbatore District.

For Petitioner ::

Mr.C.Prakasam For Respondents::

Mr.A.Kumar, Special Government Pleader

ORDER

This writ petition has been filed for a Mandamus to direct the respondents to issue patta in the name of the Thulasiamman Temple situated in S.No.371/1A, Chinjuvadi Village, Pollachi Taluk, Coimbatore District.

2.It is stated in the affidavit filed in support of this writ petition that Thulasiamman Temple situated in S.No.371/1A, Chinjuvadi Village, Pollachi Taluk, Coimbatore District, is the family temple of the petitioner and the land to the extent of 1.40 acres in which the temple is situated, belongs to the family of the petitioner, as patta has been issued to the petitioner's paternal uncle initially and thereafter, the

petitioner's father was cultivating the said land. It is further stated that the petitioner and his relatives are conducting festival every year in the said temple without any disturbance. While so, the respondent-officials have issued pattas to other persons and now the area of 1.40 acres of land is reduced to 55 cents in which the temple is situated. The petitioner further states that he made representations to the revenue officials including the respondents herein to issue patta in the name of the temple / deity and not to issue further pattas to any third parties, but due to political interference, they are issuing pattas in favour of the third parties. Hence this writ petition.

3.Mr.A.Kumar, learned Special Government Pleader, takes notice for the respondents.

4.Heard the learned counsel on either side and perused the materials available on record.

5.Considering the facts and circumstances of the case, it is suffice to issue a direction to the respondents to consider the representation of the petitioner. Accordingly, the respondents are directed to consider the representation of the petitioner dated 16.08.2016 on merits and in accordance with law, and pass appropriate orders as expeditiously as possible. 6.The writ petition is disposed of accordingly. No costs. Consequently, the connected miscellaneous petition is closed. -s/dAssistant Registrar True Copy Sub-Assistant Registrar To 1.The District Collector, Coimbatore District, Coimbatore.

2.The Sub-Collector, Pollachi, Coimbatore District.

3.The Tahsildar, Pollachi Taluk, Pollachi, Coimbatore District.

+1 cc to Mr.C.Prakasam Advocate sr 57999 +1 cc to Government pleader sr 57890/16 W.P.No.32814 of 2016 and W.M.P.No.28368 of 2016 aa13/10/2016