Ramasamy v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.06.2018

CORAM

THE HON'BLE MR.JUSTICE M.GOVINDARAJ W.P.(MD) No.12843 of 2018 and W.M.P.(MD)No.11720 of 2018 Ramasamy ... Petitioner -Vs1.The District Collector, Virudhunagar District, Virudhunagar.

2.The District Revenue Officer, Virudhunagar District, Virudhunagar.

3.The Tahsildar, Taluk Office, Sivakasi, Virudhunagar.

... Respondents Prayer: Writ Petition - filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, directing the 1st and 2nd respondents to instruct the 3rd respondent to conduct the spot inspection and effect necessary classification for regularizing the possession and enjoyment of the portion of land comprised in Survey No.23/3 to the Petitioner's Temple namely "Arulmigu Senthil Andavar Temple" comprised in Survey No.23/2 situated in Anaiyur Village, Sivakasi Taluk, Virudhunagar District.

For Petitioner : Mr.R.Murugan For Respondents : Mr.J.Gunaseelan Muthaiah, Additional Government Pleader.

O R D E R

Mr.J.Gunaseelan Muthaiah, learned Additional Government Pleader takes notice on behalf of the respondents.

2. By consent of both parties, this writ petition is taken up for final disposal at the stage of admission itself.

3. The writ petitioner is before this Court for a direction, directing the third respondent to conduct spot inspection and classification for regularizing the possession and enjoyment of the portion of land comprised in Survey No.23/3 to the Petitioner's https://hcservices.ecourts.gov.in/hcservices/

Temple namely "Arulmigu Senthil Andavar Temple" comprised in Survey No.23/2 situated in Anaiyur Village, Sivakasi Taluk, Virudhunagar District.

4. Surprisingly, the writ petitioner is a private individual and not the temple. Admittedly, the dispute is with regard to the possession and enjoyment of the property. Since the matter involves elaborate factual fabrication, a direction is issued to the third respondent / Tahsildar, Sivakasi, to look into the right title and possession of the property and take appropriate action, after giving notice to the parties concerned, within a period of six months from the date of receipt of a copy of this order.

5. With the above direction, this Writ Petition is disposed of. No costs. Consequently, the connected Miscellaneous Petition is closed.

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

2.The District Revenue Officer, Virudhunagar District, Virudhunagar.

3.The Tahsildar, Taluk Office, Sivakasi, Virudhunagar District.

+1cc to M/S.R.Murugan, Advocate SR.No. 68494 +1cc to Special Government Pleader, SR.No. 68628 Order made in W.P.(MD) No.12843 of 2018 18.06.2018 sm JM/SV MMS/SAR 1/02.07.2018/2P/6C https://hcservices.ecourts.gov.in/hcservices/