Madras High CourtWP(MD)/21936/2017disposed of

Arulmighu Kattu Karuppanasamy v. The District Collector

2017-11-29Honourable Mr Justice R. Mahadevan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.11.2017

CORAM:

THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P(MD)No.21936 of 2017 Arulmighu Katu Karuppanasamy Temple Trust, Represented by its President, M.Thavamanipillai, 76,Manthai Theru, Kappalur, Tirumangalam Taluk, Madurai District.

... Petitioner Vs.

1.The District Collector, Madurai, Madurai District.

2.The Tahsildar, Tirumangalam, Madurai District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 09.09.2017 and issue patta in favour of the Kattukaruppanasamy temple, situated in old Survey No.4/2, new Survey No.58/3 at Maravankulam Village, Madurai District within a stipulated time fixed by this Court.

For Petitioner : Mr.J.Jeyakumaran For Respondents : Mr.M.Alagathevan, Special Government Pleader

ORDER

This writ petition has been filed, seeking a writ of Mandamus directing the 2nd respondent to consider the petitioner's representation dated 09.09.2017 and issue patta in favour of the Kattukaruppanasamy temple, situated in old Survey No.4/2, new Survey No.58/3 at Maravankulam Village, Madurai District within a stipulated time fixed by this Court.

2.Heard both sides.

3.By consent, the writ petition is taken up for final disposal at the stage of admission itself.

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4.The learned counsel for the petitioner would submit that neither suit nor rival claim whatsoever is pending as of now, in respect of the temple in question. The petitioner's representation dated 09.09.2017, seeking for issuance of patta in favour of the temple is kept pending without any action. Hence, the petitioner seeking a direction to the respondents is before this Court. 5.The learned Special Government Pleader appearing for the respondents would submit that the representation of the petitioner would be considered on merits within the time stipulated by this Court.

6.Considering the limited scope of the relief sought in this writ petition, this Court, without going into the merits of the case, directs the second respondent to consider the representation dated 09.09.2017 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as all the interested parties, if any, within a period of six weeks from the date of receipt of a copy of this order.

7. The writ petition is disposed of as above. No costs. Sd/- Assistant Registrar(CS-III) /True Copy/ Sub Assistant Registrar.

To 1.The District Collector, Madurai, Madurai District.

2.The Tahsildar, Tirumangalam, Madurai District.

+1CC to Mr.J.Jeyakumaran, Advocate, SR.No. 90214 +1CC to the Special Government Pleader SR.No.90549 dsk RL/5C/2P/SAR2/14/12/2017 ORDER MADE IN W.P(MD)No.21936 of 2017 29.11.2017 https://hcservices.ecourts.gov.in/hcservices/