K.Malaimaran S/O.Kannayuthavel v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.06.2017

CORAM

THE HON'BLE MR.JUSTICE K.KALYANASUNDARAM W.P.(MD)No.11776 of 2017 K.Malaimaran, S/o.Kannayuthavel, President, Sri Kallimuthu Mariamman Thirukovil Trust, 3/144B, Kallimuthu Mariamman Kovil Street, Pasiyapuram, Keeladi Post, Thirupuvanam Taluk, Sivagangai District.

.. Petitioner Vs.

1.The District Collector, Sivagangai District.

2.The Revenue Divisional Officer, Sivagangai.

3.The Tahsildar, Thirupuvanam Taluk, Sivagangai District.

.. Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for issuance of a Writ of Mandamus, directing the respondents more particularly, the third respondent to consider the petitioner's representation, dated 15.11.2016 received by him on 16.11.2016.

For Petitioner : Mr.D.Venkatesh For Respondents : Mr.M.Alagathevan Special Government Pleader

ORDER

This Writ Petition has been filed for issuance of a Writ of Mandamus, directing the respondents more particularly, the third respondent to consider the petitioner's representation, dated 15.11.2016, received by him on 16.11.2016.

2.Mr.M.Alagathevan, learned Special Government Pleader, takes notice for the respondents. By consent, the Writ Petition is taken up for final disposal.

3.The petitioner would claim that the petitioner's Trust is having control over Sri Kallimuthu Mariamman Thirukovil, situated at S.No.224/4, Pasiyapuram Village, Thirupuvanam Taluk. The land in S.No.224/4 stands in the name of the Temple and Patta was also issued in favour of the Temple. The land in S.No.224/3 is being https://hcservices.ecourts.gov.in/hcservices/

used as pathway by the Pilgrims, who are visiting the said Temple. Therefore, the petitioner made a representation, dated 15.11.2016, to grant Patta in respect of the land in question in favour of the Temple. Since no order was passed on the said representation, the present Writ Petition has been filed.

4.Heard Mr.D.Venkatesh, learned counsel appearing for the petitioner and Mr.M.Alagathevan, learned Special Government Pleader appearing for the respondents.

5.Considering the limited scope of the prayer sought for in the Writ Petition, without going into the merits of the case, this Court directs the third respondent to consider the representation of the petitioner, dated 15.11.2016, after providing an opportunity to the necessary parties and pass appropriate orders on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 6.Accordingly, this Writ Petition is disposed of. No costs. Sd/- Assistant Registrar(T&P) /True Copy/ Sub-Assistant Registrar To 1.The District Collector, Sivagangai District.

2.The Revenue Divisional Officer, Sivagangai.

3.The Tahsildar, Thirupuvanam Taluk, Sivagangai District.

+One cc to Mr.D.Venkatesh, Advocate, SR.No.62421 smn2 RL/5C/2P/KP/SAR1/4/7/2017 W.P.(MD)No.11776 of 2017 https://hcservices.ecourts.gov.in/hcservices/ 27.06.2017