Palaniyandi, v. The Commissioner,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03.08.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR 1.Palaniyandi 2.M/s.Rubesh & Co., Partnership Firm, Represented by the Managing Partner, K.Palaniyandi.

... Petitioners Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment, 119, Uthamar Gandi Salai, Nungambakkam, Chennai-600 034.

2.The District Collector, Pudukkottai.

3.The District Revenue Officer, Pudukkottai.

4.The Revenue Divisional Officer, Pudukkottai.

5.The Tahsildar, Illupur Taluk, Illupur.

6.Polaiyan 1/5

7.Mariyandi ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the first respondent to consider the petitioner's representation dated 04/04/2013 for exchange of temple land in S.F.No.81/24, 81/28 and 85/24 with that of the petitioner's patta land in S.F.B.No.84/7 of Koodalur Village, Illupur taluk, Pudukkottai district. For Petitioner : Mr.P.Ganapathi Subramanian For R1 - R5 : Mr.M.Linga Durai Special Government Pleader For R6 & R7 : No Appearance

ORDER

The present writ petition has been filed seeking a Mandamus directing the first respondent to consider the representation of the petitioner, dated 04.04.2013 for exchange of temple land with that of the petitioner's patta land.

2. According to the petitioner, the temple lands are situated in the midst of the patta lands of the petitioner and hence, he is not in a position to enjoy the said property. Hence, the petitioner has made a representation to the first respondent herein for exchange of the said 2/5

patta lands for the temple lands. Since the said request has not been considered, the present writ petition has been filed.

3. The learned counsel for the first respondent has contended that the application of the petitioner, dated 04.04.2013 is not traceable and hence, no further proceedings could be initiated from the side of the first respondent.

4. In view of the above said facts, the petitioner is directed to file a fresh application to the first respondent herein along with all relevant records. On receipt of the said application, the first respondent and Board shall take a decision upon it within a period of four months from the date of receipt of the said application.

5. With the above said observations, this Writ Petition stands disposed of. No costs.

03.08.2022 Index :

Yes / No Internet :

Yes / No gbg 3/5

To 1.The Commissioner, Hindu Religious and Charitable Endowment, 119, Uthamar Gandi Salai, Nungambakkam, Chennai-600 034.

2.The District Collector, Pudukkottai.

3.The District Revenue Officer, Pudukkottai.

4.The Revenue Divisional Officer, Pudukkottai.

5.The Tahsildar, Illupur Taluk, Illupur.

4/5

R.

VIJAYAKUMAR ,J.

gbg Order made in Dated:

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