R.Senthilkumar v. The State Of Tamilnadu
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025
CORAM:
THE HONOURABLE MRS.JUSTICE J.NISHA BANU and THE HONOURABLE MRS.JUSTICE S.SRIMATHY R.Senthilkumar ... Petitioner vs.
1.The State of Tamil Nadu, Represented by its Secretary, Revenue Department, Secretariat, Chennai.
2.The State of Tamil Nadu, Represented by its Secretary, Tourism Culture and Endowments Department, Secretariat, Chennai.
3.The District Collector, O/o.The District Collector, Thiruchirapalli.
4.The Commissioner of Survey and Settlements, O/o.The Commissioner of Survey and Settlements, Chepauk, Chennai.
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5.The Commissioner, Hindu Religious Charitable and Endowment Board, 119, Uthamar Gandhi Road, Thousand Light Area, West Nungambakkam, Chennai.
6.The District Revenue Officer, O/o.The District Revenue Officer, Collector Office Campus, Thiruchirapalli.
7.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Thiruchirapalli.
8.The Joint Commissioner, Hindu Religious Charitable and Endowment Board, Thiruvanaikoil, Thiruchirapalli.
9.The Assistant Commissioner / Executive Officer, Arulmigu Thayumanaswamy Temple, Malaikottai, Thiruchirapalli.
10.The Tahsildar, O/o.The Tahsildar, Tiruchirapalli West, Tiruchirapalli.
11.V.Ganesan 12.C.Sockalingam 13.M.Usha Nandhini 14.S.Shanthini 15.G.S.Suresh Babu 2/9
16.G.S.Janarthanan 17.Vijayalakshmi 18.B.Rengha Subbaraman 19.G.Lakshmi Praba 20.G.S.Kirupakaran 21.G.R.Nalini 22.G.R.Vivek 23.G.R.Vinodh ... Respondents (R - 15 & R - 16 are impleaded vide order dated 18.03.2025 in W.M.P(MD)No.4866 of 2025) (R - 17 is impleaded vide order dated 25.04.2025 in W.M.P(MD)No.5694 of 2025) (R - 18 to R - 23 are impleaded vide order dated 25.04.2025 in W.M.P(MD)No.5695 of 2025) PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to conduct a detailed inquiry and restore the lands belongs to Arulmigu Thayumanavar Swami Temple and consequently direct the respondent Nos.3, 7 and 10 to cancel the patta issued to the respondent Nos.11 to 14 situated at Ko Abishekapuram Division, Thiruchirapalli West Taluk, Thiruchirapalli District by concluding the proceedings in Na.Ka.A7/5176/2023 dated 31.10.2023 on the file of the respondent No.7 within the time stipulated by this Court. For Petitioner : Mr.P.Vetrivel For RR 1 to 7 & 10 : Mr.P.Thilak Kumar Government Pleader 3/9
For R - 9 : Mr.R.Murali For RR 15 to 23 : Mr.B.Saravanan Senior Counsel for Mr.R.Surya Prakash
ORDER
(Order of the Court was made by J.NISHA BANU, J.) The present Writ Petition has been filed seeking the issuance of a Writ of Mandamus directing the respondents to conduct a detailed inquiry and restore the lands belonging to Arulmigu Thayumanavar Swami Temple. Consequently, the petitioner also seeks a direction to respondent Nos. 3, 7, and 10 to cancel the patta issued to respondent Nos. 11 to 14, in respect of the lands situated at Ko Abishekapuram Division, Tiruchirapalli West Taluk, Tiruchirapalli District, by concluding the proceedings in Na.Ka.A7/5176/2023 dated 31.10.2023, pending before respondent No. 7, within the time stipulated by this Court.
2.When the matter was taken up for hearing today, the learned 4/9
Government Pleader appearing for respondents 1 to 7 and 10 submitted that, with regard to the issue, respondent No.15 has filed a Writ Petition in W.P.(MD)No. 9598 of 2025, seeking a Writ of Mandamus directing the first respondent therein to cancel the patta granted in favour of the second respondent, as indicated in the certificate extract from the town survey land register in respect of the land in T.S. No. 8/1. The petitioner therein has also sought a direction to the first respondent to issue a fresh patta in his name, based on his application dated 25.11.2023. In that case, the learned Special Government Pleader submitted that an enquiry has already been conducted, and the District Revenue Officer is seized of the matter and is in the process of conducting a detailed enquiry.
3. Heard the learned counsel appearing on either side and perused the materials placed before this Court.
4. On perusal of the materials available on record, it is seen that the Writ Court, by order dated 04.04.2025 in W.P.(MD)No.9598 of 2025, directed the District Revenue Officer, Tiruchirappalli, to give an opportunity of hearing to the petitioner's Dharmapura Aadhinam Mutt as well as the second respondent Temple 5/9
therein, and to consider all their contentions, claims, and objections before passing a reasoned order on merits. The Court further directed that the request of the petitioner for cancellation of the patta issued to the second respondent shall be decided in accordance with law, after conducting a due enquiry. The entire exercise shall be completed within a period of sixteen (16) weeks.
5. In view of the above, while considering the representation of the petitioner in W.P.(MD)No.9598 of 2025, we direct the District Revenue Officer, Tiruchirappalli, to also give a personal opportunity of hearing to the petitioner herein, who has filed the present Writ Petition as a Public Interest Litigation, the 9th respondent Temple, the respondents 15 to 23/impleaded respondents; and to any other interested parties, if any and pass appropriate orders on merits and in accordance with law, within a period of sixteen (16) weeks from the date of receipt of a copy of this order. Until the proceedings are concluded, the persons currently holding the land shall not encumber the property in any manner.
6. With the above directions, this Writ Petition is disposed of. There shall be no order as to costs.
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[J.N.B.,J.] & [S.S.Y.,J.] 25.04.2025 (1/2) NCC : Yes / No Index : Yes / No Internet : Yes ps To 1.The Secretary, Represented by the State of Tamil Nadu, Revenue Department, Secretariat, Chennai.
2.The Secretary, Represented by the State of Tamil Nadu, Tourism Culture and Endowments Department, Secretariat, Chennai.
3.The District Collector, O/o.The District Collector, Thiruchirapalli.
4.The Commissioner of Survey and Settlements, O/o.The Commissioner of Survey and Settlements, Chepauk, Chennai.
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5.The Commissioner, Hindu Religious Charitable and Endowment Board, 119, Uthamar Gandhi Road, Thousand Light Area, West Nungambakkam, Chennai.
6.The District Revenue Officer, O/o.The District Revenue Officer, Collector Office Campus, Thiruchirapalli.
7.The Revenue Divisional Officer, O/o.The Revenue Divisional Officer, Thiruchirapalli.
8.The Joint Commissioner, Hindu Religious Charitable and Endowment Board, Thiruvanaikoil, Thiruchirapalli.
9.The Assistant Commissioner / Executive Officer, Arulmigu Thayumanaswamy Temple, Malaikottai, Thiruchirapalli.
10.The Tahsildar, O/o.The Tahsildar, Tiruchirapalli West, Tiruchirapalli.
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J.NISHA BANU , J.
and S.SRIMATHY, J.
ps ORDER MADE IN DATED : 25.04.2025 (1/2) 9/9