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Madras High CourtWP(MD)/8554/2023disposed of

Kannan.P v. The District Collector

2023-04-17Honourable Mr Justice C.V. Karthikeyan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:17.04.2023

CORAM

THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN W.P(MD).No.8554 of 2023 P.Kannan ... Petitioner Vs

1. The District Collector, Office of the Collectorate, Karur District.

2. The District Revenue Officer, Office of the District Revenue Officer, Karur District.

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kulithalai, Karur District.

4. The Tahsildar, Office of the Tahsildar, Kadavur Taluk, Karur District.

... Respondents 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 survey and fix boundaries in S.No.404/1A and 395/5 of Tharagampatti, 1/5

Keelpakuthi village, Kadavur Taluk, Karur District, based upon the representation of the petitioner, dated 17.03.2023 within the time stipulated by this Court.

For Petitioner :Mr.S. Ramsundarvijayraj For Respondents :Mr.D.S.Nedunchezhian Government Advocate

ORDER

The writ petition has been filed in the nature of mandamus, by the Poosari of Kannimaramman temple at S.No.404/1A, measuring 0.29.00 hectares and in S.No. 395/5, measuring 1.49.00 hectares and in S.No.700/13 at Tharagampatti, Keelpakuthi village, Kadavur Taluk, Karur District. 2.It is claimed that the temple belongs to Oorali Gounder and Vanrayan Vagaiyara. The petitioner as a Poosari cannot claim any right, other than doing pooja. The petitioner is seeking to survey and fix boundaries in the aforementioned properties.

3.A direction is given to the fourth respondent/Tahsildar, Kadavur Taluk, Karur District, to examine the revenue records to determine 2/5

the nature of classification of lands, issue notice not only to the petitioner, but also to the other members of the village, thereafter, take a decision, to measure the lands of the temple, in accordance with the classification of lands and area of the lands in the revenue records. It is to be noted that the area of the land for S.No.700/13 is not given in the affidavit. The entire exercise should be completed, within a period of six weeks from the date of receipt of a copy of this order.

4.With the above directions, this Writ Petition stands disposed. No costs.

17.04.2023 NCS :Yes/No Index :Yes/No Internet:Yes/No PNM 3/5

To

1. The District Collector, Office of the Collectorate, Karur District.

2. The District Revenue Officer, Office of the District Revenue Officer, Karur District.

3. The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Kulithalai, Karur District.

4. The Tahsildar, Office of the Tahsildar, Kadavur Taluk, Karur District.

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C.V.KARTHIKEYAN, J.

PNM ORDER IN W.P(MD).No.8554 of 2023 17.04.2023 5/5