Palanivelu v. The Commissioner Of Land Administration
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.07.2024
CORAM:
THE HONOURABLE MR.D.KRISHNAKUMAR, THE ACTING CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR W.P.(MD)No.13340 of 2024 and W.M.P.(MD)No.11795 of 2024 Palanivelu ... Petitioner -Vs1.The Commissioner of Land Administration, Ezhilagam, Chennai.
2.The District Revenue Officer, Karur, Karur District.
3.The Revenue Divisional Officer, Kulithalai, Karur District.
4.The Tahsildar, Taluk Office, Kulithalai, Karur District.
5.The joint Commissioner, Tripur-4.
6.The Assistant Commissioner, Samynathapuram, Karur-2.
7.The Executive Officer / Administrator, Arulmigu Sri Rathinagireeswarar Thirukovil Vickraham, Ayyarmalai, Sathyamangalam Village, Kulithalai Taluk, Karur District.
... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 5 to 7 to continue the rope car works and other construction works at the Survey No.36/1 an extent of 223.98 Acres situated at Ayyarmalai in Sathyamangalam Village, Sivayam Post, Kulithalai Taluk, Karur District after getting patta in the name of the deity of Arulmigu Sri Rathinagireeswarar Temple.
For Petitioner : Mr.R.Murugappan For R1 to R6 : Mr.P.Thilakkumar, Government Pleader For R7 : Mr.P.Athimoolapandian
ORDER
[Order of the Court was made by The Hon'ble The ACTING CHIEF JUSTICE] The prayer sought for in this Writ Petition is to direct the respondents 5 to 7 to continue the rope car works and other construction works at Survey
No.36/1 to an extent of 223.98 Acres situated at Ayyarmalai in Sathyamangalam Village, Sivayam Post, Kulithalai Taluk, Karur District, after getting patta in the name of the deity of Arulmigu Sri Rathinagireeswarar Temple. 2.It is the case of the petitioner that in the revenue records the land in question is classified as Government Poramboke land, where the respondents 5 to 7 are constructing rope car facilities without obtaining any patta in the name of the Temple. Therefore, in this regard the petitioner made representations dated 15.04.2024 and 19.06.2024 to the respondents. Since the same have not been considered so far, the petitioner has approached this Court with the aforesaid prayer.
3.The learned counsel appearing for the 7th respondent Temple by relying upon the status report filed by the Executive Officer of the Temple, would submit that the Temple authority had also given a representation on 23.06.2024 to the 2nd respondent, seeking patta in the name of the 7th respondent Temple, namely, Sri Rathinagireeswarar Thirukovil Vickraham and the same is pending before the authority concerned.
4.The learned Government Pleader for the respondents 1 to 6 would submit that the representations of the petitioner as well as the 7th respondent Temple would be considered on merits and appropriate orders would be passed within the stipulated time to be fixed by this Court. 5.In view of the said submissions made on either side, without going into the merits of the case, we direct the 2nd respondent to consider the representation of the petitioner, dated 19.06.2024 as well as the representation of the 7th respondent Temple, dated 23.06.2024 and pass appropriate orders on its own merits and in accordance with law, after providing opportunity to all the parties concerned, within a period of twelve weeks from the date of receipt of a copy of this order.
6.It is needless to state that the petitioner and the 7th respondent Temple shall submit a copy of their representations dated 19.06.2024 and 23.06.2024 respectively to the 2nd respondent along with a copy of this order, enabling the 2nd respondent to comply with the order of this Court within the stipulated time.
7.With the above direction, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. [D.K.K., A.C.J.] & [R.V., J.] 19.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Yuva To 1.The Commissioner of Land Administration, Ezhilagam, Chennai.
2.The District Revenue Officer, Karur, Karur District.
3.The Revenue Divisional Officer, Kulithalai, Karur District.
4.The Tahsildar, Taluk Office, Kulithalai, Karur District.
5.The joint Commissioner, Tripur-4.
6.The Assistant Commissioner, Samynathapuram, Karur-2.
D.KRISHNAKUMAR, A.C.J.
AND R.VIJAYAKUMAR , J.
Yuva W.P.(MD)No.13340 of 2024 19.07.2024