Palanivelu, v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2018

CORAM:

THE HONOURABLE MR.JUSTICE N.KIRUBAKARAN and THE HONOURABLE MRS.JUSTICE R.THARANI W.P.(MD) No.1612 of 2018 Palanivelu ... Petitioner -vs1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

2.The District Collector, Karur District, Karur.

3.The District Revenue Officer, Kulithalai, Karur District.

4.The Revenue Divisional Officer, Kulithalai, Karur District.

5.The Joint Commissioner of Hindu Religious and Charitable Endowment Department, Trichy.

6.The Executive Officer / Administrator, Arulmigu Rathinagireeswarar Thirukovil Vickraham, Ayyar Malai, Kulithalai Taluk, Karur District.

7.The Tahsildar, Kulithalai Taluk, Kulithalai, Karur District.

... Respondents PRAYER : Petition filed under Article 226 of the Constitution of India, praying to issue a writ of mandamus, directing the 3rd respondent District Revenue Officer, Karur District to dispose the cases No.15732/2014 to 16994/2014 and 6200/2016 to 6183/2016 filed by the 6th respondent Executive Officer/ Administrator of Arulmigu Rathinagireeswarar Thirukovil, at Ayyar Malai, Kulithalai Taluk, Karur District.

For Petitioner :

Mr.R.Murugappan For Respondents 1 to 5 & 7 :

Mr.A.Muthukaruppan Additional Government Pleader For 6th Respondent :

Mr.P.Aathimoolapandian

O R D E R

(Order of the Court by N.KIRUBAKARAN, J.,) The Writ Petition has been filed seeking a Writ Mandamus, directing the third respondent to dispose of the cases No.15732/2014 to 16994/2014 and 6200/2016 to 6183/2016 filed by the 6th respondent against the order granting UDR pattas to various parties. 2.The petitioner, who is a devotee of Arulmighu Rathinagireeswarar Thirukovil, at Ayyar Malai, Kulithalai Taluk, Karur District would state that a large extent of land belonging to the Temple has been occupied by various parties and they obtained UDR patta, thereby infringes the rights of the Temple. Against grant of UDR pattas, the 6th respondent Temple filed appeals before the third respondent and the appeals are pending before the third respondent for years together.

3.Heard Mr.R.Murugappan, learned counsel appearing for the petitioner, Mr.Muthukaruppan, learned Additional Government Pleader appearing for the respondents 1 to 5 & 7 and Mr.Aathimoolapandian, learned counsel appearing for the sixth respondent Temple. 4.It has been informed that as many as 137 cases are pending before the third respondent for cancellation of pattas in respect of the third respondent temple lands. Therefore, this Court directed the third respondent to appear before this Court. Accordingly, the third respondent appeared before this Court and he would submit that 125 appeals are pending before him in respect of the third respondent temple and the same would be disposed of within six months.

5.A perusal of the list produced by him would show that almost all the cases are of the year 2014. Taking into consideration the submissions made by the third respondent, this Writ Petition is disposed of with a direction to the third respondent District Revenue Officer, Karur District to dispose of all the appeals pending before him in respect of the sixth respondent temple within six months from the date of receipt of a copy of this order i.e., atleast 20 cases in each month and report to this Court every month giving the details of the disposal. No costs. 6.The third respondent District Revenue Officer, Karur District is present before this Court. His further appearance is dispensed with. His action in filing the list of appeals pending before him in respect of the third respondent temple and his undertaking to dispose of the appeals pending before him in respect of the sixth respondent temple within six months are appreciated. Call the matter for reporting compliance on 01.03.2018. Sd/- Assistant Registrar(Protocol) /True Copy/ Sub-Assistant Registrar

To:

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Chennai.

2.The District Collector, Karur District, Karur.

3.The District Revenue Officer, Kulithalai, Karur District.

4.The Revenue Divisional Officer, Kulithalai, Karur District.

5.The Joint Commissioner of Hindu Religious and Charitable Endowment Department, Trichy.

6.The Tahsildar, Kulithalai Taluk, Kulithalai, Karur District.

+One cc to Mr.R.Murugappan, Advocate, SR>No.1625 Copy to:- The Section officer, Writ Section, Madurai Bench of Madras High Court, Madurai sj RL/9C/3P/SKN/RSK/SAR4/19/2/2018 W.P.(MD) No.1612 of 2018 30.01.2018