Sivagiri Sabarimalaiyapuram v. The District Collector
W.P(MD)No.1202 of 2011 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.03.2022 CORAM :
THE HON`BLE MR.JUSTICE B.PUGALENDHI W.P(MD)No.1202 of 2011 and M.P.(MD)Nos.1 & 2 of 2011 Sivagiri Sabarimalaiyapuram Thevar Community Arulmighu Muthumariamman Temple Devotees Association, Rep. by its President P.Gurusamy : Petitioner Vs.
1.The District Collector, Tirunelveli District, Tirunelveli - 9.
2.The Tahsildar, Sivagiri Taluk, Office of the Tahsildar, Sivagiri - 627 757, Tirunelveli District.
3.R.Ramachandran 4.R.Vigneshwaragiri 5.R.Mayandi : Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus calling for the records pertaining to the impugned proceedings in Na.Ka.A4/9918/2008, dated 19.03.2008 passed by the first respondent and its consequential proceedings in Na.Ka.A1/1757/08, dated 18.11.2009 passed by the second respondent and quash the same and directing the first respondent to give necessary direction to the second respondent to issue patta for the Temple Poromboke Land of the Temple bearing S.No.408/2 situated at Sivagiri 2nd Village, Sivagiri Taluk, Tirunelveli District to the petitioner's Temple, based on the petitioner's representation dated 31.08.2009 made to the first respondent.
For Petitioner :Mr.P.Muthusamy For Respondents :Mr.G.Suriyanath Additional Government Pleader for R.1 & R.2 https://hcservices.ecourts.gov.in/hcservices/ For R3,R4 & R5 :Mr.C.Arunmozhi Rajashankar 1/2
W.P(MD)No.1202 of 2011
O R D E R
This writ petition is filed as against the proceedings of the first respondent dated 19.03.2008. The order impugned in the writ petition is a detail, which has been furnished to the petitioner under the Right to Information Act. The petitioner made an application under the Right to Information Act with regard to the properties in S.No.408/2 situated at Sivagiri 2nd Village, Sivagiri Taluk, Tirunelveli District.
2.It appears that the Tahsildar has furnished the information that the land in S.No.408/2 is a Government Poromboke land, in which the Temple was constructed. The respondents 3 to 5 have also constructed houses therein and are living in that place for more than 38 years. Considering their long possession of the property, the revenue officials have issued patta in favour of the private respondents. Without even collecting the concerned order of allotment of patta in favour of the private respondents, this writ petition is filed in a hurried and in a careless manner, on an information which has been furnished under the Right to Information Act alone.
3.The writ petition lacks merit and the same is accordingly dismissed. No costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar (P&A) // True Copy // / /2022 Sub Assistant Registrar(CS) gk To 1.The District Collector, Tirunelveli District,Tirunelveli - 9.
2.The Tahsildar, Sivagiri Taluk, Office of the Tahsildar, Sivagiri - 627 757,Tirunelveli District.
+1 CC to M/s.SPL GP ( SR-16082[F] dated 01/04/2022 ) W.P(MD) No.1202 of 2011 31.03.2022 MGJ(22.04.2022) 2P 4C https://hcservices.ecourts.gov.in/hcservices/ 2/2