S.Sivaji v. The Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE DR.JUSTICE A.D.MARIA CLETE and W.M.P.(MD)No.3928 of 2025 V.Sivaji ... Petitioner Vs.
1.The Commissioner, HR & CE Department, Chennai-34.
2.The District Collector / Inspector of Panchayat, 3.The District Revenue Officer, DRO Office, Pattukottai, 4.The Revenue Divisional Officer, RDO Office, Pattukottai, 5.The Tahsildar, Taluk Office, Pattukottai Taluk, Pattukottai, Thanjavur District-614 803.
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6.The Block Development Officer (Village Panchayat), Sethubava Chathiram @ Pookkollai, 7.The Joint Commissioner, O/o. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, 8.The Executive Officer, Arulmigu Adaikkalamkaththa Ayyanar Kovil, Thillangadu, Pukkarambai, Pattukottai Taluk, Thanjavur District.
...Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Ceritorarified Mandamus, calling for the records pertaining to the impugned proceedings in Na.Ka.No.591905/2024/Ei3, dated 27.01.2025 issued by the 1st respondent and quash the same as illegal, arbitrary, discriminatory, imaginary and consequently, to direct the respondents 1 to 7 to carry out necessary mutation both in revenue records and in HR & CE records with respect to the name of the temple located at Survey No.167, Thillangadu, Pukkarambai Village Panchayat, Pattukottai Taluk, Thanjavur District as Arulmigu Adaikkalamkaththa Ayyanar Kovil, Thillangadu Village, Pukkarambai Village Panchayat instead of Arulmigu Adaikkalamkattha Ayyanar Kovil, Pukkarambai Village Panchayat within a time frame.
For Petitioner : Mr.A.R.Jeya Rhuthran For R1, R5 & R7 : Mr.J.Ashok, Additional Government Pleader 2/6
For R6 : Mr.P.Thilak Kumar, Government Pleader For R8 : Mr.V.Chandrasekar
ORDER
(Order of the Court was made by S.M.SUBRAMANIAM, J.) The proceedings of the Commissioner, HR & CE Department, dated 27.01.2025 is under challenge in this Writ Petition. 2.The grievance of the writ petitioner is that the temple called 'Arulmigu Adaikkalamkattha Ayyanar Kovil' is situated in Thillangadu and therefore, along with existing name of the temple, the name of Thillangadu Village is also to be inserted.
3.With reference to the said contention, the 8th respondent / Executive Officer filed counter, stating that the temple is situated in Survey No.167, which lies in Pukkarambai Village. Apart from that, the property comprised in Survey No.167 is classified as 'Kulam' and on the banks of the Kulam, the temple is situated, which comes within Pukkarambai Village. On perusal of the revenue records, the property situated around the temple also lies within the Pukkarambai 3/6
Village and Thillangadu hamlet is situated some 150 meters away from the temple. Further, there is no records available to show that the temple is situated in Thillangadu Village, more specifically, the temple is situated in S.No.167, which lies only in Pukkarambai Village as per 'A' Register Extract. 4.Upon verification of the revenue records, the authorities found that the temple is situated in Pukkarambai Village and therefore, the name of the Thillangadu cannot be inserted. Further, the counter reveals that this Writ Petition is not maintainable, in view of the fact that alternative remedy is contemplated under Section 114 of HR & CE Act.
5.In view of the above reasons, this Court is not inclined to entertain this Writ Petition. Accordingly, this Writ Petition is dismissed. No costs. Consequently, connected miscellaneous petition is closed. (S.M.S., J.) & (A.D.M.C., J.) 05.06.2025 NCC : Yes / No Index : Yes / No Yuva 4/6
To:- 1.The Commissioner, HR & CE Department, Chennai-34.
2.The District Collector / Inspector of Panchayat, 3.The District Revenue Officer, DRO Office, Pattukottai, 4.The Revenue Divisional Officer, RDO Office, Pattukottai, 5.The Tahsildar, Taluk Office, Pattukottai Taluk, Pattukottai, Thanjavur District-614 803.
6.The Block Development Officer (Village Panchayat), Sethubava Chathiram @ Pookkollai, 7.The Joint Commissioner, O/o. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, 5/6
S.M.SUBRAMANIAM, J.
AND DR.A.D.MARIA CLETE, J.
Yuva 05.06.2025 6/6