Arulmigu Pillaiyar Deity And Temple v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.09.2022 CORAM :
THE HONOURABLE MR. JUSTICE M.DHANDAPANI Writ Petition No.26013 of 2022 and W.M.P.No.25102 of 2022 Arulmigu Pillaiyar Deity and Temple, Rep. by its Hereditary Trustee, Jegannathan Kaikalathur Village, Veppanthattai Taluk, Permabalur District.
... Petitioner Vs.
1.The District Collector, Perambalur District, Perambalur - 621 212.
2.The Revenue Divisional Officer, Perambalur - 621 212.
3.The Tahsildar, Veppanthattai Taluk, Perambalur District - 621 103.
4.The Deputy Commissioner, Hindu Religious and Charitable Endowments Department, Tiruchirapalli.
5.The Village Administrative Officer, Kaikalathur (East) Village, Veppanthattai Taluk, Perambalur District - 621 117. ... Respondent Page No.1 of 7
PRAYER: Writ Petition filed under Article 226 of Constitution of India for issuance of a Writ of Mandamus, forbearing the respondents from taking any part/portion of the land belonging to the petitioner in S.F.No.394 as per UDR S.F.No.25 for 1-78-50 Hectares in Kaikalathur (East Village, Veppanthattai Sub-Registration District, Perambalur Registration District, by considering the representation of the petitioner dated 07.09.2022. For Petitioner :
M/s.C.S.Associates For Respondents 1 to 3 & 5 : Mr.U.Bharanidharan, Additional Government Pleader For Respondent 4 : Mr.K.Karthikeyan, Government Advocate (H.R & C.E)
O R D E R
The petitioner has filed this petition for issuance of Writ of Mandamus, forbearing the respondents from taking any part/portion of the land belonging to the petitioner in S.F.No.394 as per UDR S.F.No.25 for 1-78-50 Hectares in Kaikalathur (East Village, Veppanthattai Sub-Registration District, Perambalur Registration District, by considering the representation of the petitioner dated 07.09.2022.
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2. The case of the petitioner is that the petitioner is the one of the trustees of the aforesaid temple and the said temple is situated in Kaikalathur (East) Village, Veppanthattai Sub-Registration District, Perambalur Registration District comprised in 4 Acres & 41 Cents in S.F.No.394 as per UDR S.F.No.25 for 1-78-50. The temple has contains tamarind tree, palm tree, well and Nandhavanam. This being the case, the respondents 1 to 3 attempted to make interference in the aforesaid property and illegally claiming that the said property is a Poramboke land by making fraudulent entries in the revenue records. Under these circumstances, the respondents attempted to demolish the aforesaid temple under the guise of constructing a Government Hospital/Primary Health Center in the said place. Thereafter, the petitioner made a representation dated 07.09.2022 before the respondents not to allow anybody to construct any sort of building in the land belonging to the temple, however, till date, no order was passed. Hence, this writ petition.
3. Learned counsel for the petitioner submitted that this Court may direct the respondents to consider the petitioner's representation dated Page No.3 of 7
07.09.2022 within a time frame to be fixed by this Court.
4. Learned Additional Government Pleader appearing for the respondents submitted that if the petitioner is the original owner of the property, the said possession will not be disturbed without due process of law.
5. Recording the submission made by the learned Additional Government Pleader appearing for the respondents, this writ petition is disposed. No costs. Consequently, connected miscellaneous petition is closed.
28.09.2022 vm Index :
Yes/No Speaking Order :
Yes/No Page No.4 of 7
Copy To:
1.The District Collector, Perambalur District, Perambalur - 621 212.
2.The Revenue Divisional Officer, Perambalur - 621 212.
3.The Tahsildar, Veppanthattai Taluk, Perambalur District - 621 103.
4.The Deputy Commissioner, Hindu Religious and Charitable Endowments Department, Tiruchirapalli.
5.The Village Administrative Officer, Kaikalathur (East) Village, Veppanthattai Taluk, Perambalur District - 621 117. Page No.5 of 7
M.DHANDAPANI,J.
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