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Madras High CourtWP(MD)/5789/2022disposed of

Karuppian .M v. The District Collector

2025-07-25Honourable Mr Justice S. Sounthar6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.07.2025

CORAM:

THE HON'BLE MR JUSTICE S.SOUNTHAR W.P(MD)No.5789 2022 M.Karuppian ... Petitioner .Vs.

1.The District Collector, Thanjavur District, Thanjavur.

2.The District Revenue Officer, Collectorate, Thanjvur.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Pattukkottai, Thanjavur District.

4.The Tahsildar, Taluk Office, Peravoorani, Thanjavur District.

5.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Nagapattinam.

... Respondents 1/6

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus directing the respondents to restore the S.No.46/2 in the name of sixth respondent temple in the revenue records in the light of the common judgment made in W.P(MD)No.14428 of 2017, dated 12.2.2018 and W.P(MD)No.16833 of 2017 as per the representation of the Petitioner, dated 1.3.2022.

For Petitioner : Mr.C.Padmaraj For Respondents : Mr.A.Baskaran 1 to 5 Addl.Govt. Pleader For Respondent-6 :Dr.Ramesh Mahadev

O R D E R

The Writ Petition is filed seeking a direction to restore the patta for the property in S.No.46/2 in the name of sixth respondent temple by considering the representation of the Petitioner, dated 1.3.2022.

2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. 3.According to the Petitioner, he is a worshipper of the sixth respondent temple. 4.26 acres of land in S.No.46/2 in Sethubava Chathiram Village, Peravoorani Taluk, Thanjavur District belong 2/6

to the sixth respondent temple, which is under the control of the fifth respondent. In the year 1993, the subject property was wrongly classified as 'Inam Natham' and patta had been issued in favour of 28 persons, who were all the tenants of the temple. Therefore the Petitioner submitted a representation before the respondents requesting them to take necessary action to restore the patta in the name of temple. The said request has not been considered till date. Therefore, the Petitioner has come before this Court with the present Writ Petition for the relief stated supra. 4.The learned counsel for the sixth respondent by taking this Court to the counter filed by the sixth respondent, would submit that challenging the mutation of revenue records in favour of 28 persons, the sixth respondent filed an appeal before the third respondent on 15.2.2022 seeking cancellation of patta issued in the name of private respondents and for restoration of the same in the name of sixth respondent temple.

5.Since the sixth respondent has already taken action on the basis of the representation submitted by the Petitioner by filing an appeal before the third respondent seeking cancellation of patta in the name of private respondents, no further orders are necessary in this writ Petition, except, to direct the third respondent to 3/6

consider the appeal filed by the sixth respondent, dated 15.2.2022 and pass final orders on its own merits, after issuing notice to the Petitioner, sixth respondent and 28 persons in whose name patta has been issued, within a period of 16 weeks from the date of receipt of a copy of this order. The fifth respondent is directed to monitor the progress of the appeal filed by the sixth respondent and report the same to the jurisdictional Joint Commissioner. 6.With the above directions, the Writ Petition stands disposed of. No costs.

25.07.2025 NCS : Yes/No Index : Yes / No Internet : Yes / No vsn To 1.The District Collector, Thanjavur District, Thanjavur.

2.The District Revenue Officer, Collectorate, Thanjvur.

3.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Pattukkottai, Thanjavur District.

4.The Tahsildar, 4/6

Taluk Office, Peravoorani, Thanjavur District.

5.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Nagapattinam.

S.SOUNTHAR.,J.

vsn ORDER MADE IN W.P(MD)No.5789 of 2022 5/6

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