Sri Valaroleeswara Swamy Nagar Vairava Swamy Devasthanam v. The District Collector Cum Inspector Of Panchayats
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.08.2021
CORAM
THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD) No.13557 of 2021 Sri Valaroleeswara Swamy Nagara Vairava Swamy Devasthanam, Rep. its Trustee T.Vairavan, Nagara Vairavan Patti, Tirupattur Taluk - 630 212 ... Petitioner Vs.
1. The District Collector cum Inspector of Panchayats, Sivagangai District.
2. The Block Development Officer, Tirupattur, Sivagangai District.
3. The President, Manamelpatti Village Panchayat, Sivagangai District.
4. The Deputy Superintendent of Police, Tirupattur.
5. The Station House Officer, Kandavarayanpatti Police Station, Tirupathur.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second and third respondent to produce entire records (Building Plan Permission/House Tax Receipts/ Beneficiary list under various Schemes/ allotment Orders) in connection with Patta No.3, 1006, Nedumaran Group, Tirupattur Taluk, Sivagangai District forthwith. For Petitioner : Mr.R.M.Arun Swaminathan For Respondents : Mr.R.Baskaran Counsel for State
O R D E R
The petitioner seeks a direction to the second and third respondents herein to produce a range of documents relating to the properties of a temple.
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2. The petitioner states that the temple has properties in respect of which patta No.3 and Patta No.1066 have been issued. The said properties are said to be within the jurisdiction of the third respondent panchayat. It is alleged that there are several encroachments on the temple lands by at least 50 families. The petitioner claims to be a trustee of the petitioner trust and states that the trust is unable to maintain and preserve the temple properties on account of non-availability of relevant documents for purposes of taking further action.
3. Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of all the respondents.
4. The relief prayed for by the petitioner is generic and lacks specific particulars. Accordingly, a mandamus of the kind requested for cannot be issued. Nevertheless, in view of the fact that the petitioner claims to be acting with a view to protect the properties of the temple, the petitioner is permitted to submit a fresh representation to the second respondent herein specifying the documents required by the petitioner. Upon receipt thereof, the second respondent is directed to furnish copies of such documents, at the cost of the petitioner, if such documents are available with the second and third respondents. The petitioner shall submit such representation within a period of two weeks from the date of receipt of a copy of this order. Upon receipt thereof, the second respondent shall provide the aforesaid documents within a period of two months from the date of receipt of a copy of such representation.
5. W.P.(MD).No.13557 of 2021 is disposed of on these terms without any order as to costs.
Sd/- Assistant Registrar (AE) // True Copy // / /2021 Sub Assistant Registrar(CS) sbn To
1. The District Collector cum Inspector of Panchayats, Sivagangai District.
2. The Block Development Officer, Tirupattur, Sivagangai District.
3. The President, Manamelpatti Village Panchayat, Sivagangai District. 2/3
4. The Deputy Superintendent of Police, Tirupattur.
5. The Station House Officer, Kandavarayanpatti Police Station, Tirupathur.
+1 CC to M/s.GP ( SR-25509[F] dated 06/08/2021 ) W.P.(MD).No.13557 of 2021 05.08.2021 RD(16.08.2021) 3P 7C 3/3