Madras High CourtWP(MD)/21727/2017disposed of

Arulmighu Karpaga Vinayagar v. The Tahsildar,

2017-11-27Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 27.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.21727 of 2017 Arulmighu Karpaga Vinayagar Temple, Rep. by its Akthar, Muthuramalingam, S/o.Pitchaiya Pillai 5/2, Meenakshipuram, Panaiyur Village, Sankarankoil Taluk, Tirunelveli District ... Petitioner Vs.

The Tahsildar, Sanakarankovil Taluk, Tirunelveli District.

... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondent to issue patta in the name of Arulmighu Karpaga Vinayagar Temple, Meenakshipuram in respect of the property comprised in Old Survey No.446, New Survey No.677/4 to the extent of 1944 sq. feet situated in Panaiyur Village, Sankarankovil Taluk, Tirunelveli District by considering the petitioner's representation dated 19.05.2017.

For Petitioner : Mr.A.Robinson For Respondent : Mr.M.Alagathevan, Special Government Pleader *****

O R D E R

By consent, this writ petition itself is taken up for final disposal.

2. Heard the learned Counsel for the petitioner and Mr.M.Alagathevan, learned Special Government Pleader, who takes notice for the respondent.

3. According to the petitioner, neither civil suit nor rival claim whatsoever is pending in respect of the property in question and as such, the temple is enjoying possession over the same. Therefore, the petitioner, being the Akthar of the temple, has submitted a representation to the respondent seeking patta in the name of the temple, in respect of the aforesaid property and as the same is kept pending, without any action, the petitioner is before this Court.

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4. When the matter is taken up for hearing today, the learned counsel for the petitioner submitted that it would be suffice, if the representation of the petitioner dated 19.05.2017 is disposed of, by the respondent, as per law, within a stipulated time limit.

5. Considering the limited scope of the relief sought for, this Court, without going into the merits of the petitioner's claim, directs the respondent to consider the representation of the petitioner dated 19.05.2017 and pass appropriate orders, on its own merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the other interested parties, if any, within a period of eight weeks from the date of receipt of a copy of this order.

6. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(CSII) /True Copy/ Sub-Assistant Registrar To The Tahsildar, Sanakarankovil Taluk, Tirunelveli District.

+One cc to The Special Government Pleader, SR.No.89914 +One cc to Mr.A.Robinson, Advocate, SR.No.89492 gk RL/4C/2P/KK/SAR1/11/12/2017 W.P(MD)No.21727 of 2017 27.11.2017 https://hcservices.ecourts.gov.in/hcservices/