Arulmigu Kailasanathaswamy Temple v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 02.06.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR and W.M.P(MD) No.9714 of 2025 Arulmigu Kailasanathaswamy Temple, Natham Kovilpatty, Natham Taluk, Dindigul District through its Executive Officer.

... Petitioner Vs.

1.The District Collector, Madurai District, Madurai-625 020.

2.The Special Tahsildar, Adi-Dravidar Welfare(Alagu-II), Collector Office, Madurai-625 020.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the respondents to transfer the lands in S.No.124/2 measuring 0.34.0 Hectares in Manappancheri Village, Natham Kovilpatty, Natham Taluk, Dindigul

District, to the petitioner after receiving back the award amount fixed in Award No.6/97-98, dated 05.02.1998 with due interest and other statutory amount due to the respondents as the award has lapsed. For Petitioner : Mr.S.Manohar For Respondents : M/s.K.Malathi, Additional Government Pleader

ORDER

This writ petition is filed seeking a direction to the respondents to transfer the lands in Survey No.124/2 measuring an extent of 0.34.0 Hectares in Manappancheri Village, Natham Kovilpatty, Natham Taluk, Dindigul District to the petitioner after receiving back the award amount fixed in Award No.6/97-98, dated 05.02.1998 with due interest. 2.Earlier, the writ petitioner filed a petition challenging the award passed by the competent authority in the land acquisition proceedings in W.P(MD)No.234 of 2006. In the said writ petition, an argument was advanced by the petitioner on the ground that before taking acquisition proceedings to acquire the land belonging to the petitioner temple, no

objection certificate from Commissioner, Hindu Religious and Charitable Endowment Department, Chennai, has not been obtained under Section 34 of Hindu Religious and Charitable Endowments Act. The petitioner also raised a plea regarding limitation. Both the questions were answered against the petitioner and the writ petition got dismissed on merits by order, dated 24.10.2008.

3.Subsequently, the petitioner filed yet another writ petition in W.P(MD) No.15779 of 2020 seeking declaration that the award passed by the competent authority in Award No.6/97-98 was null and void and for further direction to the respondent to mutate the revenue records in the name of the petitioner. Relying on the order passed by this Court in the earlier writ petition in WP(MD) No.234 of 2006, this Court had dismissed the second writ petition filed by the petitioner. 4.Now, the writ petitioner has come up with the third writ petition with the above prayer. The petitioner has already made two attempts before this Court to challenge the award proceedings. In both occasions, the points raised by the petitioner were negatived and the writ petition

got dismissed. The said orders have not been challenged by the petitioner by filling writ appeal. Therefore, the order passed by this Court in the earlier writ petitions had attained finality. In these circumstances, the instant writ petition filed by the petitioner seeking return of the land is not maintainable in the light of the order passed by this Court in W.P(MD) Nos.234 0f 2006 and 15779 of 2020. Accordingly, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petition is closed.

02.06.2025 NCC : Yes/No Index : Yes/No Internet : Yes/No cp To 1.The District Collector, Madurai District, Madurai-625 020.

2.The Special Tahsildar, Adi-Dravidar Welfare(Alagu-II), Collector Office, Madurai-625 020.

S.SOUNTHAR ,J cp W.P.(MD)No.13484 of 2025 Dated: 02.06.2025