Madras High CourtWP(MD)/13916/2025disposed of

C.Bomma Naicker v. The District Collector

2025-05-08Honourable Mr Justice P.B. Balaji5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.05.2025

CORAM

THE HONOURABLE MR.JUSTICE P.B.BALAJI and W.M.P.(MD)No.10074 of 2025 C.Bomma Naicker ... Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Palani, Dindigul District.

3.The Tahsildar, Gujiliamparai Taluk Office, Gujiliamparai, Dindigul District.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul.

5.The Executive Officer, Sri Soundararaja Perumal Kovil, Hindu Religious and Charitable Endowment Department, Vadamaduari, Vedasandur Taluk, Dindigul District.

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6. Pethakodangi Naicker ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, forbearing the respondents 4 and 5 herein from taking over and interfering with the petitioners peaceful possession and enjoyment of the property in Survey Nos.773, 779, 780, 782, 789, 880/1, 880/3, 882/4, 782/7, 780/5, 799 and 778 situated at Vadugampadi Village, Gujiliamparai Taluk, Dindigul District based on his representation dated 19.04.2025.

For Petitioner :

Mr.G.Gomathisankar For R-1 to R-4 :

Mr.K.S.Selvaganesan Additional Government Pleader

O R D E R

Heard Mr.G.Gomathisankar, learned counsel for the petitioner and Mr.K.S.Selvaganesan, learned Additional Government Pleader for the respondents.

2. The petitioner seeks issuance of writ of mandamus, forbearing the respondents 4 and 5 herein from taking over and interfering with the petitioners peaceful possession and enjoyment of the property in Survey Nos.773, 779, 780, 2/5

782, 789, 880/1, 880/3, 882/4, 782/7, 780/5, 799 and 778 situated at Vadugampadi Village, Gujiliamparai Taluk, Dindigul District based on his representation dated 19.04.2025.

3. Mr.K.S.Selvaganesan, learned Additional Government Pleader for the respondents submits that although the petitioner has not disclosed the pendency of the appeal before the District Revenue Officer (DRO), Dindigul, the 6th respondent has in fact preferred an appeal before the DRO, and the same is currently pending.

4. In view of the submissions made by the learned Additional Government Pleader, there shall be a direction to the District Revenue Officer (DRO), Dindigul, to dispose of the appeal/representation preferred by the 6th respondent, if any is pending, after issuing notice to the writ petitioner. It is further made clear that, until such disposal, the petitioner's peaceful possession of the property shall not be disturbed except in accordance with due process of law. The said exercise shall be completed within a period of 12 weeks from the date of receipt of a copy of this order.

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5. With the above directions, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 08.05.2025 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Palani, Dindigul District.

3.The Tahsildar, Gujiliamparai Taluk Office, Gujiliamparai, Dindigul District.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Dindigul.

5.The Executive Officer, Sri Soundararaja Perumal Kovil, Hindu Religious and Charitable Endowment Department, Vadamaduari, Vedasandur Taluk, Dindigul District.

Copy To:

The District Revenue Officer (DRO), Dindigul.

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P.B.BALAJI , J.

Nsr 08.05.2025 5/5