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Madras High CourtWP(MD)/9871/2013closed

Arul Mighu Viswanathaswamy- v. The Secretary To The-

2022-10-17Honourable Mr Justice R.Vijayakumar5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.10.2022

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and M.P(MD)Nos.1 & 2 of 2013 Arul Mighu Viswanathaswamy Tirukovil, Represented by its Executive Officer, Sivakasi-626 123, Virudhunagar District.

... Petitioner Vs.

1.The Secretary to the Government, Revenue Department, Fort St.George, Chennai-600 009.

2.The Commissioner and Special Commissioner for Land Administration and Land Reforms, Chepauk, Chennai-600 005.

3.The District Collector, Virudhunagar District, Virudhunagar-626 002.

4.The Revenue Divisional Officer, 1/5

5.The Tahsildar, Sivakasi Taluk, 6.The Deputy Tahsildar, (Head Quarters), 7.R.Sundari 8.B.Thayammal ... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, calling for the records relating to the proceedings No. PTR S2011/273/20-20, dated 07.02.2011, (wrongly typed as 07.20.2011) on the file of the fourth respondent herein along with the consequential issue of patta No.3343, dated 06.02.2013, on the file of the sixth respondent herein, pertaining to the land bearing Survey No.1441/29 in its Keezha Thiruthangal Village, Sivakasi Taluk, Virudhunagar District, and to quash the same. For Petitioner : M/s.P.Mahendran For R-1 to R-6 : M/s.S.R.A.Ramachandran Additional Government Pleader For R-7 & R-8 : No appearance

ORDER

The present writ petition has been filed challenging, granting of patta in respect of a particular survey number by the fourth respondent in favour of private respondents, namely, seventh and eighth respondents. 2/5

2. According to the petitioner Temple, the property is a Katalai property and hence, it is a specific endowment coming under the complete administration of the petitioner Temple. The patta was erroneously granted by the fourth respondent in favour of the seventh and eighth respondents. However, the learned Counsel appearing for the petitioner points out that the order impugned in the writ petition has already been challenged before the District Revenue Officer, Virudhunagar and the same is pending.

3. In view of the above said facts, all the contentions raised in the present writ petition can be raised before the District Revenue Officer, Virudhunagar. With this liberty, the writ petition stands closed. Registry is directed to mark a copy to the District Revenue Officer, Virudhunagar. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions stand closed.

17.10.2022 Index :

Yes / No Internet :

Yes / No btr 3/5

To 1.The Secretary to the Government, Revenue Department, Fort St.George, Chennai-600 009.

2.The Commissioner and Special Commissioner for Land Administration and Land Reforms, Chepauk, Chennai-600 005.

3.The District Collector, Virudhunagar District, Virudhunagar-626 002.

4.The Revenue Divisional Officer, 5.The Tahsildar, Sivakasi Taluk, 6.The Deputy Tahsildar, (Head Quarters), 7.The District Revenue Officer, Virudhunagar.

4/5

R.

VIJAYAKUMAR , J.

btr Order made in 17.10.2022 5/5