← Library
Madras High CourtWP/26769/2021disposed of

K.Rangadurai v. The District Collector

2021-12-16Honourable Mr Justice M.Dhandapani3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.12.2021

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No.26769 of 2021 and W.M.P.No.28204 of 2021 1.K.Rangadurai 2.K.Perumalsamy

...Petitioner

Vs.

1.The District Collector, Collectorate Buildings, Coimbatore District-18.

2.The District Revenue Officer, Collectorate Buildings, Coimbatore.

3.The Revenue Divisional Officer, Pollachi, Coimbatore District.

4.The Tahsildar, Tahsildhar Office, Pollachi.

5.The President, Puravipalayam Panchayat, Pollachi Taluk, Coimbatore District.

...Respondents

Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the 4th respondent to consider the representation of the petitioner dated 28.09.2021 in the light of the resolution No.18 passed by the Gramasabha of Puravipalayam Panchayat on 26.01.2020 for including the name of the Kalliparai Karupparayan Temple and Idol in S.F.No.334 and 348, in Puravipalayam Revenue Village, Pollachi Taluk, Coimbatore District.

For Petitioner :

Mr.N.Umapathi

For Respondents :

M/s.C.Sangamithrai Special Government Pleader

O R D E R

The petitioner has filed this writ petition seeking issuance of Writ of Mandamus to direct the 4th respondent to consider the representation of the petitioners dated 28.09.2021 for including the name of the Kalliparai Karupparayan Temple and Idol in S.F.No.334 and 348, in Puravipalayam Revenue Village, Pollachi Taluk, Coimbatore District.

2. The case of the petitioners is that they are residents of Puravipalayam Revenue Village. The land belonging to the petitioners are surrounded by S.F.Nos.334 and 348 in which there is famous deity namely Kalliprayaikarupparayan temple which has been in existence for more than hundreds of years. The petitioners made constant request to include the name of Kalliparai Karruparayan Swami Temple in the relevant revenue document in S.F.No.348 and the resolution has been passed by the Gramasbha of Puravipalayam Panchayat on 26.01.2020 showing the consent of majority of the people of Puravipalayam Panchayat Council to include the same in the revenue records. Thereafter, the petitioners made a representation dated 28.09.2021 to the respondents to include the Kalliparai Karupparayan Temple and Idol in S.F.No.334 and 348 and the same is pending for consideration and till date no order has been passed. Hence, this Writ petition.

3.The learned counsel for the petitioners submits that it would suffice if this Court issues direction to the respondents herein to consider the petitioners' representation in the light of the resolution passed by the Gramasbha of Puravipalayam Panchayat on 26.01.2020 and pass appropriate orders on merits as early as possible.

4.The learned Special Government Pleader has no objection for said order being passed and further submitted that the petitioners' representation dated 28.09.2021 will be considered in accordance with law and appropriate orders will be passed within the time stipulated by this Court.

5. In view of the aforesaid submissions, this Court without expressing any opinion on the merits of the case issues direction to the respondents to consider the petitioners' representation dated 28.09.2021 and pass appropriate orders in accordance with law within a period of eight weeks from the date of receipt of a copy of this order.

6. Accordingly, this writ petition is disposed of. No costs. Consequently, connected Miscellaneous petition is closed. Sd/- Assistant Registrar(CCC) // True Copy // Sub Assistant Registrar skt To 1.The District Collector, Collectorate Buildings, Coimbatore District-18.

2.The District Revenue Officer, Collectorate Buildings, Coimbatore.

3.The Revenue Divisional Officer, Pollachi, Coimbatore District.

4.The Tahsildar, Tahsildhar Office, Pollachi.

5.The President, Puravipalayam Panchayat, Pollachi Taluk, Coimbatore District.

+1cc to Mr.Umapathi, Advocate Sr.No.67373 +1cc to the Government Pleader Sr.No.67895 W.P.No.26769 of 2021 and W.M.P.No.28204 of 2021 MG(CO) RVM(10/01/2022)