Gnaniyar.S v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE S.Gnaniyar, S/o Sankarlingam, Secretary, Arulmigu Sri Arunachala Sembattai Gnaniyar Samathu Thirukovil, Sathirapatti Gnaniyar Kovil Street, Rajapalayam Taluk, Virudhunagar District.

... Petitioner Vs.

1.The District Collector, Virudhunagar District.

2.The Revenue Divisional Officer, Virudhunagar District.

3.The Tahsildar, Rajapalayam, Virudhunagar District-626 117.

... Respondents P RAYER:

Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the second and third respondents to conduct appropriate enquiry upon the representation of the petitioner, dated 06.04.2022 and issue patta for the land in the possession of the petitioner's Temple in S.No.1107/1A of Melarajakularaman Village, Rajapalayam Taluk, Virudhunagar District.

For Petitioner : Mr.Lakshmi Gopinathan for M/s.Polax Legal Solutions For Respondents : Mrs.S.Jeyapriya Government Advocate

O R D E R

This writ petition has been filed for a Mandamus seeking for a direction to the second and third respondents to issue patta in favour of the petitioner's temple based on the representation, dated 06.04.2022, within a time frame to be fixed by this Court. 2.Heard Mr.Lakshmi Gopinathan, learned counsel appearing for the petitioner and Mrs.S.Jeyapriya, learned Government Advocate, who accepts notice on behalf of the respondents.

3.According to the petitioner, the property comprised in S.No.1107/1A, situated in Melarajakularaman Village, Rajapalayam Taluk, Virudhunagar District, belongs to the petitioner's temple absolutely. It is their case that for more than 100 years they are 1/3

in possession and enjoyment of the property. The petitioner has submitted their representation on 06.04.2022, seeking for issuance of patta in their name. The petitioner has filed documents along with the writ petition including photographs, property tax receipts and also E.B receipts standing in the name of the petitioner. It is for the respondents to consider the same on merits and in accordance with law.

4.No prejudice will be caused to the respondents, if the petitioner's application, dated 06.04.2022, seeking for issuance of patta in their name is considered on merits and in accordance with law, after affording a fair hearing to the petitioner as well as any other necessary party, whom the third respondent deems fit to enquire.

5.For the foregoing reasons, this Court directs the third respondent to consider the petitioner's representation, dated 06.04.2022, seeking for issuance of patta in the name of the petitioner's temple in respect of the property comprised in S.No.1107/1A, situated in Melarajakularaman Village, Rajapalayam Taluk, Virudhunagar District and pass final orders on merits and in accordance with law, after affording a fair hearing to the petitioner and any other party, whom the third respondent deems fit to enquire and also granting them the right of personal hearing, within a period of two weeks from the date of receipt of a copy of this order.

6.With the aforesaid directions, this writ petition is disposed of. No costs.

Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) TM To 1.The District Collector, Virudhunagar District.

2.The Revenue Divisional Officer, Virudhunagar District.

3.The Tahsildar, Rajapalayam, Virudhunagar District-626 117.

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+1 CC to M/s.POLAX LEGAL SOLUTIONS, Advocate ( SR-21403[F] dated 26/04/2022 ) +1 CC to M/s.SPL.GP. ( SR-21487[F] dated 26/04/2022 ) 25.04.2022 SG(CO) KB(09.05.2022) 3P 6C 3/3