V.Ravichandran, v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 2/3/2016 C O R A M THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.7284 of 2016 V.Ravichandran ... Petitioner Vs

1. The District Revenue Officer-cum- Special Officer (temple lands) Coimbatore.

2. The Tahsildar Mettupalayam Taluk Coimbatore District.

... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the second respondent to take follow up action or implement the order passed by the first respondent in Ref.No.219/2014 dated 13/5/2015 to change the village records and patta in the name of "Sri Rengasamy Naidu Endowments" attached to Sri Karivaradarajaperumal temple. For Petitioner :

Mr.V.K.Vijayaragavan For respondents :

Mr.V.Jayaprakash Narayanan Special Government Pleader

O R D E R

With the consent of the learned counsel appearing on either side, this writ petition is taken up for final disposal.

2. Heard Mr.V.K.Vijayaraghavan, learned counsel for the petitioner and Mr.V.Jayaprakash Narayanan, learned Special Government Pleader for the respondents.

3. This writ petition has been filed praying to direct the second respondent, to take follow up action or implement the order passed by the first respondent, in Ref.No.219/2014, dated 13/5/2015, to change the village records and patta in the name

of "Sri Rengasamy Naidu Endowments" attached to Sri Karivaaradarajaperumal temple.

4. One late Sri Rengasamy Naidu, executed a trust deed, on 24/12/1922, to dedicate his lands to Sri Karivaradaraja Perumal Koil, for the performance of aradhanai, to distribute prasadhams and to provide flowers for the idol. To perform the above services, some of the lands were set apart in the deed and income arisen out of these lands have been dedicated for fulfilling the objects of the trust.

5. The lands belonging to the specific endowment are situated in two villages, viz., Marudhur and Sowripalayam in Coimbatore District. As far as Marudhur lands are concerned, the first respondent, passed an order dated 13/5/2015, directing the second respondent to effect change in the village registry and patta in the name of the institution. During updating of patta, the above said lands have been erroneously registered in the name of one Devarajan, who is not the owner of lands. Hence the petitioner made a representation to the second respondent on 1/10/2015 and 10/12/2015 to effect change in the patta and other records to confirm the ownership of lands with the specific endowment. Since the second respondent has not taken any action, the petitioner has come forward with the present writ petition, praying for the relief as stated therein.

6. Without going into the merits of the claim of the petitioner, the second respondent is hereby directed, to consider the representations of the petitioner, dated 1/10/2015 and 10/12/2015, and pass an appropriate order, on merits and in accordance with law, within a period of six weeks, from the date of receipt of a copy of this order, by affording an opportunity of personal hearing, to the petitioner as well as to the parties concerned. It is made clear that this Court has not expressed any opinion with regard to the merits of the claim of the petition.

7. With the above direction, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar mvs.

To

1. The District Revenue Officer-cum- Special Officer (temple lands) Coimbatore.

2. The Tahsildar Mettupalayam Taluk Coimbatore District.

+1cc to Mr.V.K.Vijayaragavan, Advocate, S.R.No.13559 +1cc to the Government Pleader, S.R.No.13929 W.P.No.7284 of 2016 AD(CO) CA(11/03/2016)