S.Sekar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.03.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI S.Sekar : Petitioner Vs.

1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Sub Collector, Cheranmahadevi, Tirunelveli District.

3.The Tahsildar, Cheranmahadevi, Tirunelveli District.

4.A.Jeyapal : Respondents [R4 is impleaded vide order dated 26.03.2025 in W.M.P.(MD)No.21669/24] 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, issue a of a Writ of Mandamus, directing the respondents particularly third respondent to give patta to the land situated in Survey No.1546/1 at my village called Reddiyapuram to Arulmigu Muppidari Amman Temple, Rettiyarpuram Village, Seranmadevi Taluk, Tirunelveli District by way of consider my representation dated 16.02.2024.

For Petitioner : Mr.S.Sivakumar For Respondents 1 to 3 : Mr.M.Lingadurai Special Government Pleader For Respondent No.4 : Mr.K.K.Udayakumar

O R D E R

Heard the learned Counsel for the parties.

2.The petitioner has made an application for issuance of patta on 16.02.2024. The petitioner claims right to the subject property contending that he has been residing in the subject property by constructing a small tiled house and he was also teaching in the school which was situate opposite to his house besides taking tuition in the evening at his residence. The petitioner further contends that there are already three Churches available in 2/6

the same village and there is no necessity for another Church and he has sought for patta in respect of Arulmigu Muppidari Amman Temple.

3.The learned Counsel appearing for the fourth respondent would however submit that the Church has been in existence even in the year 1891 and the adjoining lands have been used only by the Church.

4.Anyhow, it is a Writ of Mandamus, where the petitioner only seeks consideration of his representation. Therefore, the Writ Petition is disposed of, by directing the third respondent to conduct an enquiry after affording an opportunity to the petitioner as well as newly impleaded fourth respondent and pass final orders on the petitioner's entitlement for patta dated 16.02.2024, in accordance with law and on its own merits within a period of twelve [12] weeks from the date of receipt of a copy of this order. There shall be no order as to costs.

26.03.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No MR 3/6

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To 1.The District Collector, Tirunelveli District, Tirunelveli.

2.The Sub Collector, Cheranmahadevi, Tirunelveli District.

3.The Tahsildar, Cheranmahadevi, Tirunelveli District.

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P.B.BALAJI.

, J.

MR 26.03.2025 6/6