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Madras High CourtWP/33566/2019disposed of

Krishnan v. The District Collector,

2025-07-16Honourable Mr.Justice Mohammed Shaffiq6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.07.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Krishnan ... Petitioner Vs.

1. The District Collector, Vellore District, Vellore.

2. The Revenue Divisional Officer, Ranipet, Vellore District.

3. The Tahsildar, Arcot Taluk, Vellore District.

4. The Commissioner, Arcot Municipality, Vellore District.

5. Sri Karpaga Vinayagar Temple, Rep. by its President N.Balasundaram, S/o.Natesan, No.7/49, Dresser Thottam Street, Arcot, Vellore District.

6. N.Dhanush ... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the fourth respondent Municipality to remove the name of the Dharmakarta Shri Karpagavinayaga Temple from the property tax register in respect land admeasuring 199.50 sq.ft., measuring from east to west 19 feet, north to south 10.5 feet, comprised in Old Survey No.304. T.S.No.29, 14th Block, Ward No.B, Thoppukana Thiruvengadam Street (Arni Road), situated in Arcot Town and Taluk, Vellore District, bounded East by Arni Road, West by vacant land, North by passage to Temple, South by shop belonging to Selvam, son of Munirathinam by considering the representation dated 14.09.2019. For Petitioner :

Mr.R.Rajarajan For Respondents :

Mr.A.Selvendran Spl. Govt. Pleader for R1 to R3

O R D E R

This writ petition has been filed seeking issuance of a writ of mandamus directing fourth respondent to dispose of the representation dated 14.09.2019.

2. Since no adverse order is going to be passed, notice to respondents 5 & 6 is dispensed with.

3. It is submitted by learned counsel for petitioner that petitioner submitted a representation on 14.09.2019 to respondents with regard to removal of the name of Dharmakarta Shri Karpagavinayaga Temple from the property tax register in respect of the subject property. Since the same was not considered, the present writ petition has been filed before this Court.

4. At the outset, it is submitted by Mr.A.Selvendran, learned Special Government Pleader appearing for respondents 1 to 3 that they will consider petitioner's representation by giving an opportunity of hearing to petitioner, respondents 5 & 6 and other interested parties, if any, within a time frame to be fixed by this Court, which was agreed to by learned counsel for petitioner

5. In view of the limited relief that is prayed, this Court is inclined to dispose of the writ petition with following directions:

i) The concerned respondent shall consider petitioner's representation dated 14.09.2019 in accordance with law, after issuing notice to petitioner, respondents 5 & 6 and all other interested parties including rival claimants, if any.

ii) Though facts have been set out extensively in the affidavit, this Court does not propose to deal with it, while leaving it open to the concerned respondent to call for any document/conduct enquiry, to satisfy itself of petitioner's entitlement for granting of patta. iii) The entire process shall be completed within a period of sixteen weeks from the date of uploading of web copy without waiting for the receipt of certified copy.

iv) It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law. Rights and contentions of petitioner and all other interested parties are left open.

6. Accordingly, this Writ Petition is disposed of. There shall be no order as to costs.

16.07.2025 (2/2) NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

1. The District Collector, Vellore District, Vellore.

2. The Revenue Divisional Officer, Ranipet, Vellore District.

3. The Tahsildar, Arcot Taluk, Vellore District.

4. The Commissioner, Arcot Municipality, Vellore District.

5. The President, Sri Karpaga Vinayagar Temple, No.7/49, Dresser Thottam Street, Arcot, Vellore District.

MOHAMMED SHAFFIQ, J.

vji 16.07.2025 (2/2)