Madras High CourtWP(MD)/11841/2017disposed of

C.Mahendran, S/O.Cholan, v. The Sub Collector,

2017-06-30Honourable Mr Justice K. Kalyanasundaram2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2017 CORAM :

THE HONOURABLE JUSTICE K.KALYANASUNDARAM W.P.(MD) No.11841 of 2017 C.Mahendran

...Petitioner

Vs.

1.The Sub-Collector, Cheranmahadevi Division, Tirunelveli Division.

2.The Tahsildar, Ambasamudram Taluk, Tirunelveli District.

3.The Secretary, St.Maris Higher Secondary School,Vicramasingapuram, Ambasamudram Taluk, Tirunelveli District.

4.Maheswari.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue of a Writ of Mandamus, to direct the respondents 1 and 2 to cancel the forged Patta No.2889 and to issued the patta in favour of Papanasa Swamy Temple, in the light of the petitioner's representation dated 09.11.2016. For Petitioner :

Mr.S.R.A.Ramachandhran For R1 to R2 :

Mr.A.Muthukaruppan Additional Government Pleader

O R D E R

This Writ Petition has been filed seeking a direction to the respondents 1 and 2 to cancel the forged Patta No.2889 and to issue the patta in favour of Papanasa Swamy Temple, in the light of the petitioner's representation dated 09.11.2016. 2.Mr.S.R.A.Ramachandhran, learned counsel for the petitioner would submit that the property in T.S.Nos.366/02 and 366/3 to an extend of 0.24.5 Hectares and 0.16.5 Hectares, in https://hcservices.ecourts.gov.in/hcservices/

Vicramasingapuram Village, Ambasamudram Taluk, Tirunelveli District originally belongs to Pillaiyan Arthasama Kattalai, Papanasam Swamy Temple. While so, the third respondent created a forged patta in respect of the temple property.

3. It is further alleged by the petitioner that on 24.12.2016, the third respondent and henchman trespassed with the temple property and also cut the trees and plantains and also threaten the fourth respondent. Hence, the petitioner made a representation dated 09.11.2016 to the first respondent to cancel the forged patta and also take action against the officials involved in this case. Since no action has been taken, the present writ petition has been filed.

4. The learned Additional Government Pleader, on instructions, would submit that based on the complaint of the petitioner, a criminal case is registered in Cr.No.183 of 2017, under various sections, by the Vicramasingapuram Police Station.

5. Considering the facts and circumstances of the case, the first and second respondents are directed to dispose of the representation of the petitioner, dated 09.11.2016, after providing necessary opportunities to the petitioner as well as interested parties, if any, within a period of eight of weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(AE) / True Copy / Sub Assistant Registrar(C.S.) To 1.The Sub-Collector, Cheranmahadevi Division, Tirunelveli Division. 2.The Tahsildar, Ambasamudram Taluk, Tirunelveli District.

+1cc to M/S.S.R.A.RAMACHANDHRAN, Advocate SR.No.62941 skm/cmr MAS/MR-KKR/SAR1:17.07.2017:2P-4C W.P.(MD) No.11841 of 2017 30.06.2017 https://hcservices.ecourts.gov.in/hcservices/