Madras High CourtWP(MD)/6044/2020allowed

Aarunattu Velalar Sangam v. The Revenue Divisional Officer

2024-01-02Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.01.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)Nos.5208 & 5209 of 2020 Aarunattu Velalar Sangam Registered Society under Regn.No.5/1946 through its Secretary A.Satheeswaran Son of N.Arunachalam, 6/3933, Muthiraiyar Street No.1, Tollgate, Trichy 621216.

(P1 is substituted vide order dated 03.08.2023 in W.M.P.(MD)No.15501 of 2023) ... Petitioner Vs.

1.The Revenue Divisional Officer, Srirangam, Trichiappalli.

2.Manivel 3.S.Saminathan (R2 & R3 are impleaded by this Court vide order dated in W.M.P.(MD)Nos.7161 of 2020 & 5544 of 2021) ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorari, to call for the records relating to the impugned order of the respondent dated 26-02-2020 in 1/4

Mu.Mu.Aa5-2726-2019 and quash the same.

For Petitioner : Mr.R.Sundar Srinivasan For Respondents : Mr.M.Lingadurai Special Government Pleader for R1 : Mr.G.Kandhavadivelan for R3

ORDER

Heard both sides.

2. By the impugned order dated 26.02.2020, the patta that stood in the name of the petitioner was cancelled and transfer was ordered to be effected in favour of the temple. The application for cancellation was made by one of the impleaded respondents. It is beyond dispute that the petitioner was not put on notice before passing the impugned order. The impugned order deals with a number of items. The petitioner is concerned only with Survey No.2191/1. The impugned order is set aside only in respect of the writ petitioner alone.

3. The matter is remitted to the file of the Revenue Divisional Officer, Srirangam. The parties namely the petitioner as well as the impleaded respondents will appear before the RDO, Srirangam on 05.02.2024 at 03.00 pm. I make it clear that the impugned order is left intact in all other respects. It is set aside insofar as the petitioner is concerned. The Revenue Divisional Officer, Srirangam will pass an order on merits and in accordance with law after 2/4

hearing all the parties concerned. The first respondent will deal with the issue independently and uninfluenced by the contents of the impugned order. Notice shall be issued to Arulmigu Sri Ranganatha Swamy Temple also.

4. The Writ Petition is allowed on these terms. No costs. Consequently, connected miscellaneous petitions are closed. 02.01.2024 Index : Yes / No Internet : Yes/ No rmi To The Revenue Divisional Officer, Srirangam, Trichiappalli.

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G.R.SWAMINATHAN, J.

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