Arulmigu Owshadapureeswarar Temple v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2025

CORAM

THE HON'BLE MR.JUSTICE P.B.BALAJI Arulmigu Owshadapureeswarar Temple, Marungapallam Represented by its Executive Officer, Office at Arulmigu Veeramahaliamman Temple, Aathalur,Pattukottai, Thanjavur District.

: Petitioner Vs.

1.The District Collector O/o. The District Collector, Thanjavur.

2.The District Revenue Officer, Office of District Revenue Officer, Thanjavur District.

3.The Revenue Divisional Officer Office of Revenue Divisional Office, Pattukottai, Thanjavur District.

4.The Tahsildar, Office of the Tahsildar, Thanjavur District.

: Respondents 1/5

PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying for a Writ of Mandamus, directing the second respondent to immediately transfer the patta which was stood in the name of Arulmighu Owshadapureeswarar Temple, Marungapallam, based on the judgment and decree in A.S.No.5 of 2015 before the Sub Court, Pattukottai, in favour of the Arulmigu Owshadapureeswarar Temple, Marungapallam Village, Peravorrani Taluk, Thanjavur District which is already stood in the name of Actual Owner of the Temple Property thereby consider the Petitioners Representation Dated 17.12.2024 within the stipulated time may be fixed by this Court.

For Petitioner : Mr.Ramesh Mahadev For R1 to R4 : Mr.M.Lingadurai, Special Government Pleader

O R D E R

I have heard Mr.Ramesh Mahadev, learned Counsel for the petitioner and Mr.M.Lingadurai, learned Special Government Pleader appearing for the respondents.

2. The petitioner's temple, represented by its Executive Officer, has filed the instant writ petition seeking issuance of a Writ of Mandamus to direct the second respondent to transfer the patta in favour of the petitioner's temple based on the judgement and decree in A.S.No.5 of 2025, on the file of the Sub-Court, Pattukottai and in the light of the petitioner's representation seeking such request, dated 17.12.2024. 2/5

3. It is seen from the judgment of the first appeallate Court, dated 04.10.2023 that A.S.No.5 of 2015 filed by the plaintiff, one Velu Pillai has been dismissed. The said suit was filed based on the adverse possession and the said relief has been negatived by the Trial Court as well as the first appellate Court confirming the entitlement of the respondent / defendant Temple, who is the petitioner herein.

4. In the light of the above, the request of the petitioner for transfer of patta which was muated in the name of the said private individual pending civil proceedings, is justifiable and necessary. In the light of the above, the writ petition is disposed of directing the fourth respondent to pass orders for transfer of patta based on the judgment and decree made in A.S.No.5 of 2015, within a period of eight weeks from the date of receipt of a copy of this order. No costs. 29.04.2025 Index :Yes / No Internet : Yes / No NCC : Yes/No am 3/5

To 1.The District Collector Thanjavur.

2.The District Revenue Officer, Thanjavur District.

3.The Revenue Divisional Officer Pattukottai, Thanjavur District.

4.The Tahsildar, Thanjavur District.

4/5

P.B.BALAJI.

, J.

am 29.04.2025 5/5