Arulmigu Udaiyanayagi v. The District Collector,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 10.06.2019
CORAM
THE HON'BLE MR.JUSTICE R.SURESH KUMAR W.P.(MD)No.13034 of 2019 Arulmigu Udaiyanayagi Amman Temple, Sooranam Village, Ilayangudi Taluk, Sivagangai District. Rep. by its Managing Trustee R.Boominathan
...Petitioner
-Vs1.The District Collector, Sivagangai District, Sivagangai.
2.The Assistant Commissioner, Hindu Religious and Charitable Endowment (Administration) Paramakudi Ramanathapuram District.
3.The Inspector, Hindu Religious and Charitable Endowment (Administration) Paramakudi Ramnad District.
4.The Tahsildar, Ilayangudi Taluk, Sivagangai District.
...Respondents
Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a writ of Mandamus, directing the fourth respondent to issue patta in the name of Sooranam Arulmigu Udayanayagi Amman Temple regarding land in S.No.199/11 of Sooranam village Group, Ilayangudi Taluk, Sivagangai District to the extent of 20 cents on the basis of the recommendation of the 4th respondent in his proceedings in O.Mu.242/2002 dated 07.06.2002. For Petitioner : Mr.V.Kannan For Respondents : Mr.V.Anand, G.A.
ORDER
The prayer in this writ petition is for a Writ of Mandamus, directing the 4th respondent to issue patta in the name of Sooranam Arulmigu Udayanayagi Amman Temple regarding land in S.No.199/11 of Sooranam village Group, Ilayangudi Taluk, Sivagangai District to the extent of 20 cents on the basis of the recommendation of the fourth respondent in his proceedings in O.Mu.242/2002 dated 07.06.2002.
2.Heard Mr.V.Kannan, learned counsel appearing for the petitioner and Mr.V.Anand, learned Government Advocate appearing for the respondents.
3.The learned counsel appearing for the petitioner would submit that, with regard to 0.20cents of land situated at S.No.199/11 of Sooranam village Group, Ilayangudi Taluk, Sivagangai District, the Revenue Department wrongly granted patta in the name of the petitioner temple and in this regard, the Assistant Commissioner, HR & CE Department, i.e. the second respondent, already made a request to the fourth respondent on 07.06.2002 to rectify the mistake and according to the learned counsel for the petitioner, though several years have been gone, on such a request, so far, there was no action to complete the task as requested by the second respondent on behalf of the petitioner herein.
4.In this regard, the learned Government Advocate appearing for the respondents would submit that, based on the said request of the second respondent on behalf of the petitioner, a final decision would be made by the fourth respondent and the same will be communicated to the petitioner within the time frame to be fixed by this Court.
5.Considering the said limited scope of the writ petition, there shall be a direction to the fourth respondent to consider the said representation of the second respondent dated 07.06.2002 and subsequent communication on behalf of the petitioner and decide the same on merits and in accordance with law, with in a period of eight weeks from the date of receipt of a copy of this order.
6.With this direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar () // True Copy // Sub Assistant Registrar(CS) Arul/Ls
To 1.The District Collector, Sivagangai District, Sivagangai.
2.The Assistant Commissioner, Hindu Religious and Charitable Endowment (Administration) Paramakudi Ramanathapuram District.
3.The Inspector, Hindu Religious and Charitable Endowment (Administration) Paramakudi Ramnad District.
4.The Tahsildar, Ilayangudi Taluk, Sivagangai District.
+1cc to M/S V.Kannan, Advocate, Sr.No.68151 +1cc to M/S SPECIAL GOVERNMENT PLEADER, Sr.No67840 Order made in W.P.(MD)No.13034 of 2019 Dated:
10.06.2019 BUC(CS)(19/06/2019)3P/7C