Arulmighu Thirusoolanathar Thirukoil, v. The Tahsildar,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.09.2021
CORAM
THE HONOURABLE MRS.JUSTICE V.BHAVANI SUBBAROYAN W.P.No. 29924 of 2019 Arulmighu Thirusoolanathar Thirukoil Represented by its Executive Officer, Thirusoolam, Chennai-600 043.
..Petitioner
Versus
1.The Tahsildar, Office of the Tahsildar, Pallavaram, Chennai-600 043.
2.The Assistant Engineer, Tamil Nadu Electricity Board, Pallavaram, Chennai-600 043.
3.The Block Development Officer, St. Thomas Mount Panchayat Union, Chitlapakkam, Chennai-600 061.
4.The Executive Officer, Thirusoolam Panchayat, Thirusoolam, Chennai-600 043.
... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the 1st respondent to act upon the representation dated 27.05.2019 and to survey and measure the lands measuring an extent of 77.82 acres as specified in the representation dated 27.05.2019. For Petitioner : Mr.Wilson For Mr.A.S.Kailasam and Associates For Respondents : Mr.Yogesh Kanndasan Government Advocate
O R D E R
This writ petition is filed seeking a direction to the 1st respondent to consider the petitioner's representation dated 27.05.2019 and to survey and measure the lands measuring an extent of 77.82 acres as specified in the said representation.
2. The petitioner is a Public Religious Temple under the control of the Tamil Nadu Hindu Religious and Charitable Endowments Department. Subsequently, some of the above lands have been leased out to tenants and some of the lands have been encroached by the encroached persons. The said encroached persons had been obtained electricity and water connection from the competent authorities, constructed several houses in their areas, even for vacant lands belonging to the temple. In this regard, the petitioner sent a representation to take steps on the petitioner's petition dated 27.05.2019 to the respondents herein, but they have not taken any steps so far. Hence, the petitioner has come forward with the present writ petition. 3.
The learned counsel appearing for the petitioner submitted that the petitioner will be satisfied if a direction is issued to the 1st respondent to consider the petitioner's representation dated 27.05.2019 and dispose of the same within a stipulated time that may be framed by this Court. 4.Having regard to the limited scope of the prayer that is now sought for in this writ petition before this Court and taking into account the submissions made on either side, without expressing any opinion on the merits of the petitioner's representation or the case pleaded by the petitioner in the present writ petition, the Writ Petition is disposed of, with a direction to the 1st respondent to consider the petitioner's representation dated 27.05.
2019 and pass appropriate orders, on merits and in accordance with law, after issuing notice to the petitioner and necessary parties concerned within a period of twelve weeks from the date of receipt of a copy of this order. No costs.
Sd/- Assistant Registrar True Copy// Sub Assistant Registrar msm
To 1.The Tahsildar, Office of the Tahsildar, Pallavaram, Chennai-600 043.
2.The Assistant Engineer, Tamil Nadu Electricity Board, Pallavaram, Chennai-600 043.
3.The Block Development Officer, St. Thomas Mount Panchayat Union, Chitlapakkam, Chennai-600 061.
4.The Executive Officer, Thirusoolam Panchayat, Thirusoolam, Chennai-600 043.
+1cc to Mr.A.S.Kailasam and Associates, Advocate, S.R.No.51063 +1cc to the Government Pleader, S.R.No.51252 W.P.No. 29924 of 2019 SMI[co] NSK 21/01/2022