Karuppaiah v. The Joint Commissioner
BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 03.07.2025
CORAM
THE HONOURABLE MR. JUSTICE S.SOUNTHAR 1.Karuppaiah 2.Poovan 3.Rajasekar 4.Muthumani 5.N.Chellammal 6.Panju 7.Bakkiyam 8.Marimuthu ... Petitioners Vs
1. The Joint Commissioner, Hindu and Religious Commissioner, Madurai.
2. The Tahsildar, Melur Taluk, Madurai District.
3. A.Balasubramaniam, Trustee, Arulmigu Parai Karuppasamy Temple, Poosaripatti, Melur Taluk, Madurai District.
... Respondents (R3 impleaded vide Court order dated 03.07.2025 in WMP(MD)No.7733/2023 in W.P.(MD)No.1438/2023) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 2nd respondent 1/6
to issue them the individual Patta for the lands in Survey No. 32 measuring to an extent of 47 cents in Poosaripatti Village, Melur Taluk, Madurai District within the time limit that may be stipulated by this Court by considering their application dated 28.05.2022. For Petitioners : Mr.D.Selvanayagam For Respondents : Mr.A.Baskaran, Addl. Govt. Pleader for R2 Mr.S.S.Madhavan, Addl. Govt. Pleader for R1 Mr.C.Guhaseelarupan
O R D E R
The petitioners herein seek a direction to the second respondent to issue individual Patta in their favour in respect of the lands in Survey No. 32 in Poosaripatti Village, Melur Taluk, Madurai District, within the time stipulated by this Court.
2. Heard the arguments of Mr.D.Selvanayagam, learned counsel for the petitioners, Mr.S.S.Madhavan, learned Additional Government Pleader appearing for the first respondent, Mr.A.Baskaran, learned Additional Government Pleader appearing for the second respondent and Mr.C.Guhaseelarupan, learned counsel appearing for the third 2/6
respondent.
3. According to the petitioners, they purchased the above said lands under a registered sale deed on various dates. On the basis of their title documents, they filed an application before the respondents seeking issuance of separate patta. The same has not been considered. Hence, the petitioners have come before this Court.
4. The learned Additional Government Pleader appearing for the second respondent would submit that the petitioners have not submitted any online application seeking issuance of patta and hence, their request has not been considered.
5. In the typed set of papers filed along with the Writ Petition, it is seen that the petitioners have not filed any online application seeking issuance of patta. However, in the proceedings of the second respondent dated 01.08.2022 in Na.Ka.No.6117/2022/C4, the second respondent sought for certain clarifications from the first respondent, with regard to the fact that whether the property covered under S.No.32 belonged to HR & CE Department.
3/6
6. It is also stated by the learned counsel appearing for the first respondent that the first respondent in his proceedings in Na.Ka.No. 7978/2022/A4, dated 28.02.203 submitted a report to the second respondent stating that S.No.32 with an extent of 1.16 acres in Narasingampatti Village, A.Vallalapatti Firka, Melur Taluk is a temple land.
7. In view of the said submission made by the learned Additional Government Pleader appearing first respondent, this Court directs the second respondent to issue notice to the petitioners and the third respondent temple and decide the request made by the petitioners in accordance with law. The final orders shall be passed within a period of twelve (12) weeks from the date of receipt of a copy of this order.
8. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.
03.07.2025 vsm Index: Yes/No Internet: Yes/No 4/6
To
1. The Joint Commissioner, Hindu and Religious Commissioner, Madurai.
2. The Tahsildar, Melur Taluk, Madurai District.
5/6
S.SOUNTHAR, J.
vsm W.P (MD) No.1438 of 2023 03.07.2025 6/6