V. Sithalingam v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.02.2025
CORAM:
THE HON'BLE MR.JUSTICE P.B. BALAJI W.P.(MD).No.5480 to 5483 of 2025 V.Sithalingam ... Petitioner in all W.Ps.
Vs.
1. The District Collector, Tiruchirappalli - 620 001.
2. The Revenue Divisional Officer, Musiri - 621 211.
Tiruchirappalli District.
3. The Tahsildar, Musiri - 621 211, Tiruchirappalli District.
... Respondents in all W.Ps.
4. Tmt.Kamatchi ... 4th Respondent in W.P.(MD)No.5482 of 2025 Prayer in W.P(MD)No.5480 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to include the vacant land an extent of 2 3⁄4 cents purchased in the name of "Arulmighu Sithanathaswamy" vide Doc. No.1107 dated 24.06.1926 registered in the Sub Registrar Office at 1/8
Musiri in Survey Nos.344/20 and 344/21, after giving reasonable opportunity to the petitioner, to issue Patta in respect of the above purchased land in the name of "Arulmighu Sithanathaswamy Vaniar Mandapa Managing Committee" in respect of land in Survey Nos.344/20 and 344/21, Musiri (West) Village, Musiri Taluk, Tiruchirapalli District based on the representation dated 03.03.2023. Prayer in W.P(MD)No.5481 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to issue patta in respect of S.No. 344/15 situated in Musiri (West) Village, Musiri Taluk in the name of Sri Sithanathaswamy Samedha Sri Angala Parameswari Amman Temple Managing Committee, within stipulated time that may fixed by tis Court based on the representation dated 03.03.2023.
Prayer in W.P(MD)No.5482 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the 3rd respondent after giving reasonable opportunity to the petitioner and the 4th respondent and issue the Patta in the name of "Sri Sithanathaswamy Samedha Sri Angala Parameswari Amman Temple" in respect of land in Survey No.344/14, Musiri (West) Village, Musiri Taluk, Tiruchirapalli District based on the representation dated 03.03.2023.
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Prayer in W.P(MD)No.5483 of 2025 : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus to direct the respondents to issue patta in respect of S.No.344/9 situated in Musiri West Village in Musiri Taluk in the name of "Sri Sithanathaswamy Samedha Sri Angala Parameswari Amman Temple" Managing Committee, within stipulated time that may fixed by this Hon'ble Court based on the representation dated 03.03.2023. For Petitioner : Mr.V.Karthikeyan (in all W.Ps) For R1 to R3 : Mr.M.Lingadurai Special Government Pleader (in all W.Ps)
ORDER
By this common order, all the writ petitions are being disposed of.
2. Mr.M.Lingadurai, learned Special Government Pleader takes notice on behalf of the respondents.
3. Considering the limited scope of relief sought for in these writ petitions, with the consent of the learned counsel on either side, these writ petitions are taken up for final disposal.
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4. These writ petitions have been filed by the authorized representatives of Sri Sithanathasamy Vaniyar Mandapa Managing Committee, seeking issuance of patta to the petitioner temple.
5. The petitioner temple claims right under the registered Sale Deed executed way back in the year 1926 i.e., on 23.06.1926 under a registered Document No.1107 of 1926. The petitioner has made a representation to the respondents seeking to issue patta to the petitioner temple considering the fact that they have purchased the subject lands covered under various survey numbers in respect of which these writ petitions are filed. From the year 1926, the petitioner temple has been in continuous possession and enjoyment of the subject lands, for the past several decades. Based on the representation of the petitioner, 2nd respondent has also called upon the Tahsildar Musiri in and by a communication dated 24.03.2023 to consider the petitioner temple's request for issuance of patta after conducting necessary enquiry.
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6. The learned Special Government Pleader appearing for the respondents 1 to 3 would submit that in respect of the writ petitions in W.P.(MD)Nos.5480 to 5482 of 2025, the survey numbers in respect of which the petitioner seeks patta is reflected in the Revenue Records as 'sarkar manai' and in respect of W.P.(MD)Nos.5483 of 2025 patta is standing in the name of private persons. However, he would submit that the Revenue Officials are present with the Original Records today in the Court. He would further submit that petitioner temple is Sale Deed does not contain any survey numbers and hence, the petitioner temple may provide additional documents to satisfy their claim of long possession and enjoyment based on the Sale Deed dated 23.06.1926 and there upon the 3rd respondent shall consider the petitioner's application dated 03.03.2023 on its own merits in accordance with law.
7. In view of the above, the writ petition is allowed with a direction to the respondents to grant patta to the petitioner temple based on the petitioner's application on merits and subject to the production of the relevant and satisfying documents by the petitioner. The petitioner is 5/8
directed to furnish all the relevant documents before the respondents to establish their rights to the possession and enjoyment of the subject land under a registered Sale Deed dated 23.06.1926. The said exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this orders.
8. With the above observations and directions, these writ petitions stands allowed. No costs.
28.02.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 6/8
To
1. The District Collector, Tiruchirappalli - 620 001.
2. The Revenue Divisional Officer, Musiri - 621 211.
Tiruchirappalli District.
3. The Tahsildar, Musiri - 621 211, Tiruchirappalli District.
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P.B.BALAJI , J.
rgm W.P.(MD).No.5480 to 5483 of 2025 28.02.2025 8/8