C.Maniraj v. The District Revenue Officer
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.01.2024
CORAM
THE HONOURABLE MR.JUSTICE P.VELMURUGAN and W.M.P.Nos.181, 182 and 184 of 2024 1.C.Maniraj 2.Balamurugan 3.Dhandapani 4.Sathiyamoorthy 5.Mohammed Arif 6.Palanivel 7.Samsudeen 8.Saravanan 9.Kannaiyan 10.Ranjitham 11.Rajesh 12.Kesavan ... Petitioners versus 1.The District Revenue Officer, Kallakurichi District, Kallakurichi.
2.The Revenue Divisional Officer, Thirukoilur, Kallakurichi District.
Pg.Nos.1/8
3.The Tahsildar, Ulundurpet Taluk, Ulundurpet, Kallakurichi District.
4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Kallakurichi, Kallakurichi District.
5.The Inspector/Thakkar, Hindu Religious and Charitable Endowments Department, Arulmigu Amaichaar Temple, U.Keeranur, Ulundurpet Taluk, Kallakurichi District.
... Respondents Writ Petition filed under Article 226 of Constitution of India, praying to issue a Writ of Certiorari, calling for the entire records relating to the order dated 30.06.2023 made in Pa.Mu.Aa3/37707/2023 on the file of the first respondent herein and quash the same.
For Petitioners :
Mr.C.Munusamy For Respondents :
Mrs.V.Yamunadevi Special Government Pleader for R1 to R3 Mr.K.Karthikeyan Government Advocate (HR & CE) for R4 and R5 Pg.Nos.2/8
O R D E R
Mrs.V.Yamunadevi, learned Special Government Pleader accepts notice for respondents 1 to 3 and Mr.K.Karthikeyan, learned Government Advocate (HR & CE) accepts notice for respondents 4 and 5. With the consent of both the parties, this Writ Petition is taken up for final disposal at the admission stage itself.
2. This writ petition has been filed to quash the impugned order dated 30.06.2023 made in Pa.Mu.Aa3/37707/2023 on the file of the first respondent herein.
3. The case of the petitioners is that they are residing in the subject land in S.No.500/1, U.Keeranur Village measuring an extent of 1150 sq.mts from time immemorial. A temple namely Amaichaar Amman Koil also situated in the said subject land measuring an extent of 128 sq.mts. While so, the fourth respondent herein filed an application before the second respondent to include the land measuring an extent of 1150 sq.mts, which is Pg.Nos.3/8
in possession and enjoyment of the petitioners with the temple land and the same was rejected by the second respondent on 14.03.2023. Challenging the same, the fourth respondent filed an appeal before the first respondent. The first respondent without issuing notice to the petitioners passed the impugned order declaring that the entire land comprised in S.No.500/1 belongs to the temple. Pursuant to the said order, the fifth respondent vide his proceedings dated 11.08.2023 is taking action to evict the petitioners from the subject land. Hence, the present Writ Petition has been filed.
4. The learned counsel for the petitioner submitted that the first respondent without issuing notice and giving due opportunity of hearing to the petitioners and without taking note of the report of the third respondent, passed the impugned order and hence, the same is liable to be set aside.
5. Admittedly, the subject land is a Natham land and a temple viz., Amaichaar Amman Koil is existing in the said land. Relevant portion of the report of the third respondent, which is extracted in the order of the second respondent dated 14.03.2023 is to the effect that the said temple has Pg.Nos.4/8
possessed only 00128 sq.mt in S.No.500/1 and the same was registered in the Natham Adangal and other village records. Further, respondents 4 and 5 have not produced any documents to show that S.No.500/1 measuring an extent of 00480 sq.mt is a temple property.
6. On a perusal of the impugned order, it is seen that notice was not issued to the writ petitioners and other persons, who are in possession of subject land, and also it is seen that the copy of the impugned order was communicated to respondents 1 to 5 only and there is no materials to show that the petitioners or villagers or the persons, those who are in possession of the subject land were issued with notice. Therefore, this Court finds that the first respondent without giving notice to the petitioners or conducting any enquiry and without even taking note of the report of the third respondent, passed the impugned order. Hence, the impugned order passed by the first respondent is liable to be set aside and subsequent notice issued by the fifth respondent to the petitioners is also liable to be set aside.
7. Accordingly, this writ petition is allowed by setting aside Pg.Nos.5/8
impugned order dated 30.06.2023 passed by the first respondent and subsequent notice issued by the fifth respondent dated 11.08.2023. However, the first respondent is directed to issue notice to the petitioners and others, those who are in possession of the subject land, as well as respondents 4 and 5 herein and objectors/rival claimants/interested parties if any as the case may be, and after conducting enquiry in the manner known to law, pass appropriate orders on merits and in accordance with law. Such exercise shall be completed within a period of three months from the date of receipt of a copy of this order. There shall be no order as to costs. Consequently, connected W.M.P.Nos.182 and 184 of 2024 are closed.
7. W.M.P.No.181 of 2024 is ordered on payment of Single Court fees by the petitioners.
08.01.2024 Index: Yes/No Speaking Order : Yes / No ms Pg.Nos.6/8
To 1.The District Revenue Officer, Kallakurichi District, Kallakurichi.
2.The Revenue Divisional Officer, Thirukoilur, Kallakurichi District.
3.The Tahsildar, Ulundurpet Taluk, Ulundurpet, Kallakurichi District.
4.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Kallakurichi, Kallakurichi District.
5.The Inspector/Thakkar, Hindu Religious and Charitable Endowments Department, Arulmigu Amaichaar Temple, U.Keeranur, Ulundurpet Taluk, Kallakurichi District.
Pg.Nos.7/8
P.VELMURUGAN, J.
ms 08.01.2024 Pg.Nos.8/8