Arulmigu Veeramakaali Amman Temple v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Arulmigu Veeramakaali Amman Temple, Athaloor, Represented through its Executive Officer, Peravurani Taluk, Thanjavur District - 614 804.

... Petitioner Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The District Revenue Officer, Thanjavur District, Thanjavur.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to consider and pass orders on the representation dated 22.01.2021 made in regard to cancel the patta issued wrongfully under Various Patta Nos. 189, 190, 96, 89, 191, 384, 15, 66, 162, 184, 295, 296, 297, 298, 216, 424, 81, 379, 111 and etc., in that so many Irrelevant Individuals Names were added with Arulmigu Veeramakaali Amman Temple Name in the above patta under Survey No.3 (Extent of 5.53 Acre Cent) of Athaloor Village, Peravoorani Taluk, Thanjavur District and to remove the name of the individuals in the above patta 1/5

which actually belong to the "Sri Veeramakaali Amman Temple" and also to issue new patta again only in the name of "Sri Veeramakaali Amman Temple", Athaloor which is the Actual Owner of the Land for more than 100 years. For Petitioner : Mr.Ramesh Mahadev For Respondents : Mr.A.K.Manikkam, Special Government Pleader.

ORDER

This Writ Petition has been filed for writ of Mandamus to direct the second respondent to consider and pass orders the statutory appeal filed by the petitioner seeking for cancellation of patta issued wrongfully under Patta Nos. 189, 190, 96, 89, 191, 384, 15, 66, 162, 184, 295, 296, 297, 298, 216, 424, 81, 379, 111 and etc., within a time frame to be fixed by this Court.

2. The petitioner is a temple and claims that the land comprised in the aforesaid patta belongs to the temple. But the respondents had wrongly issued the aforementioned pattas. Therefore, they have preferred a statutory appeal on 22.01.2021, which is pending on the file of the second respondent. The petitioner seeks for early disposal of the said statutory appeal. 2/5

3. The respondents are bound to consider the statutory appeal filed by the petitioner under the Patta Pass Book Act, 1986.

4. Accordingly, this Court directs the second respondent to pass final orders on the petitioner's appeal filed on 22.01.2021. The respondents shall grant fair hearing to the petitioner and the persons, in whose names pattas have been issued and any other necessary party, whom the second respondent deems fit to enquiry. The respondents shall grant fair hearing to the petitioner and other necessary parties and complete the enquiry within a period of four [4] months from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition stands disposed of. There shall be no order as to costs.

12.09.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No Nsr 3/5

To 1.The District Collector, Thanjavur District, Thanjavur.

2.The District Revenue Officer, Thanjavur District, Thanjavur.

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S.SRIMATHY, J.

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