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Madras High CourtWP(MD)/9388/2024disposed of

Veeramallusamy v. The District Collector

2024-06-04Honourable Mr Justice G.R.Swaminathan6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.06.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Veeramallusamy ... Petitioner Vs.

1.The District Collector, Collectorate Campus, Thoothukudi, Thoothukudi District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, Thoothukudi District.

3.The Tahsildar, Taluk Office, Vilathikulam Taluk, Thoothukudi District.

4.The Commissioner, Hindu Religious and Charitable Endowment Board, Chennai.

5.The Deputy Commissioner, Hindu Religious and Charitable Endowment Board, 6.The Executive Officer, Hindu Religious and Charitable Endowment Board, Arulmigu Sri Meenakshi Sundareswarar Temple, Vilathikulam, Thoothukudi District.

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7.Hariharan @ Pitchumani 8.Sankar 9.G.Kannan 10.H.Ganapathy @ Ramasubramani 11.P.Ganapathysubramanian 12.R.Ganesan 13.The District Revenue Officer, Thoothukudi District, ... Respondents (R13 is suo motu impleaded vide order dated 04.06.2024 in W.P.(MD)No.9388 of 2024 by GRSJ) Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 1 to 3 to issue patta only in the name of the Villagers for the common purpose in respect of properties in patta No. 710 in Survey No. 720/1 an extent of 17.51 Acre, S.F.No. 721/1A an extent of 61.83 acres, S.F.No. 721/1C an extent of 11.30 acres and S.F.No. 721/5 an extent of 152.52 acres and in total 243.16 acres and some other lands based on the petitioners representation dated 25.03.2024.

For Petitioner : Mr.R.Murugan For Respondents : Mr.K.Balasubramani, Spl. Government Pleader for R1 to R3 & R13.

Mr.P.T.Thiraviam, Government Advocate for R4 to R6.

No appearance for R7 to R12 2/6

ORDER

Heard the learned counsel for the petitioner, the learned Special Government Pleader for the respondents 1 to 3 and 13 and the learned Government Advocate for the respondents 4 to 6. 2.The District Revenue Officer, Thoothukudi is now seized of the issue. The question is in whose name the petition mentioned land should stand. According to Hindu Religious and Charitable Endowment department, it should be in the name of the temple. According to the petitioner, it should stand in the name of individual villagers. The District Revenue Officer, Thoothukudi is directed to consider the rival claims and pass an appropriate order on merits and in accordance with law within a period of four months from the date of receipt of a copy of this order. I make it clear that I have not gone into the merits of the matter.

3.This writ petition is disposed of accordingly. No costs. 04.06.2024 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 3/6

To:- 1.The District Collector, Collectorate Campus, Thoothukudi, Thoothukudi District.

2.The Revenue Divisional Officer, Revenue Divisional Office, Kovilpatti, Thoothukudi District.

3.The Tahsildar, Taluk Office, Vilathikulam Taluk, Thoothukudi District.

4.The Commissioner, Hindu Religious and Charitable Endowment Board, Chennai.

5.The Deputy Commissioner, Hindu Religious and Charitable Endowment Board, 6.The Executive Officer, Hindu Religious and Charitable Endowment Board, Arulmigu Sri Meenakshi Sundareswarar Temple, Vilathikulam, Thoothukudi District.

7.The District Revenue Officer, Thoothukudi District, 4/6

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G.R.SWAMINATHAN, J.

ias 04.06.2024 (2/2) 6/6