M.R.Dhamodhiran v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.S.SUNDAR AND THE HONOURABLE MR. JUSTICE P.DHANABAL M.R.Dhamodhiran .. Petitioner Vs 1.The District Collector, Vellore District, Collectorate, Sathuvachery, Vellore.
2.The District Revenue Officer, Vellore District, Collectorate, Sathuvachery, Vellore.
3.The R.D.O., Vellore District, Collectorate, Vellore.
4.The Thasildhar, Anaicut Taluk, 5.The Assistant Commissioner,
Hindu Religion & CE Administration, Kakidhapattarai, 6.Maheswari .. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the 1st to 4th respondents to cancel the patta issued in favour of the 6th respondent and other trespasser in respect of "Arulmigu Sapdharish Warar" temple land located at Odugathur Town, Anaicut Taluk, Vellore District.
For Petitioner : Dr.A.R.Shanmugam For Respondents : Mr.A.Edwin Prabakar State Government Pleader assisted by Mr.M.Habeeb Rahman Government Advocate for respondent Nos.1 to 4 : Mr.N.R.R.Arun Natarajan Spl. Government Pleader for respondent No.5
ORDER
(Order of the Court was made by S.S.Sundar, J.) This writ petition has been filed by the petitioner for issuance of a writ of mandamus directing respondents 1 to 4 to cancel the patta issued in favour of the sixth respondent and other trespasser in respect of Arulmigu Sapdharishwarar temple land located at Odugathur Town, Anaicut Taluk,
2. Primarily, we do not find any bona fide in this writ petition. The petitioner, by producing some revenue records, admitted that patta stands in the name of individuals, who, according to the petitioners, are encroachers. The prayer in the writ petition is to cancel the patta issued in favour of the sixth respondent and other trespasser in respect of the land belonging to the Arulmigu Sapdharishwarar temple. The temple does not own any land as per the revenue records. Therefore, the prayer of the petitioner cannot be granted. If there is any dispute with regard to the title, the petitioner or the temple will have to file a civil suit. The writ petition of this nature cannot be entertained merely because some individual believes that the land is Inam
land belonging to the temple.
3. Leaving it open to the petitioner or the temple to file a civil suit or appropriate proceedings challenging the patta before the concerned revenue official, the writ petition is dismissed. There shall be no order as to costs. (S.S.SUNDAR J.) (P.DHANABAL J.) 20-12-2024 Index :
Yes/No NC :
Yes/No bbr To:
1.The District Collector, Vellore District, Collectorate, Sathuvachery, Vellore.
2.The District Revenue Officer, Vellore District, Collectorate, Sathuvachery, Vellore.
3.The R.D.O., Vellore District, Collectorate, Vellore.
4.The Thasildhar, Anaicut Taluk,
5.The Assistant Commissioner, Hindu Religion & CE Administration, Kakidhapattarai,
S.S.SUNDAR,J.
AND P.DHANABAL ,J.
bbr 20.12.2024