Arulmigu Veera Maakaliamman Temple , v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 16.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE Arulmigu Veera Maakaaliamman Temple, Athaloor, represented through its Executive Officer, Peravurani Taluk, Thanjavur District - 614 804.
.. Petitioner Vs 1.The District Collector, O/o. The District Collector, Thanjavur District.
2.The District Revenue Officer, O/o. The District Revenue Officer, Thanjavur District.
Respondents PRAYER: Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the 2nd respondent to consider and pass orders on the representations, dated 21.04.2021 and 03.05.2021, made in regard to cancel the patta issued wrongfully under Various Patta Nos. in that so many irrelavant Individuals Names were added and also with Arulmigu Veera Maakaliamman Temple Name in the above patta under Survey Nos. 1 (1) and (2) 202, 221, 226, 447, 451 - 454, 228, 250, 239, 250, 50, 58, 61, 46, 47, 7, 27, 58, 43 and etc. of Naattanikottai, Maavadukurichi East and West Thondhupulikaadu and Athaloor Villages (Extent of 17.
42 Acre Cent ) in Peravoorani Taluk, Thanjavur District and to remove the name of the individuals in the above patta which actually belong to the "Arulmigu Veera Maakaliamman Temple" and also to issue new patta again only in the name of "Arulmigu Veera Maakaliamman Temple", Aathaloor which is the Actual owner of the Land for more than 100 years (Relevant Documents attached herewith) within the time limit that may be stipulated by this Court.
For Petitioner : Mr.Ramesh Mahadev For Respondents : Mr.M.Lingadurai Special Government Pleader
ORDER
This writ petition has been filed for a Mandamus seeking for a direction to the second respondent to pass orders in the statutory appeal filed by the petitioner, within a time frame to be fixed by this Court.
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2.The case of the petitioner is that patta has been issued in favour of individual names in respect of the survey numbers mentioned in the affidavit filed in support of the writ petition. Aggrieved by the same, the petitioner has filed the statutory appeal before the second respondent, which is still pending. The petitioner seeks for early disposal of the appeal.
3.Heard Mr.Ramesh Mahadev, learned counsel appearing for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader, who accepts notice on behalf of the respondents. 4.The petitioner claims that they are the absolute owner of the properties in respect of the pattas, which have been wrongly issued to various parties, which are the subject matter of this writ petition.
5.No prejudice will be caused to the official respondents, if the petitioner's appeal is disposed of expeditiously after affording a fair hearing to the petitioner and the parties in whose name presently, the pattas stand as well as any other necessary party, the second respondent deem fit to enquire.
6.Accordingly, this Court directs the second respondent to dispose of the statutory appeal filed by the petitioner, within a period of four months from the date of receipt of a copy of this order, after affording a fair hearing to the petitioner and the parties in whose name the pattas stand as well as any other necessary party, whom the second respondent deems fit to enquire. 7.With the aforesaid directions, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar (CS-I) // True Copy // / /2022 Sub Assistant Registrar(CS) TM Note:In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the Advocate/litigant concerned.
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To 1.The District Collector, O/o. The District Collector, Thanjavur District.
2.The District Revenue Officer, O/o. The District Revenue Officer, Thanjavur District.
+1 CC to M/s.SPL GP ( SR-12716[F] dated 17/03/2022 ) 16.03.2022 RD(30.03.2022) 3P 4C 3/3