Arulmigu Kailasanathaswamy Temple v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.(MD).Nos.13221 to 13223 of 2020 Arulmigu Kailasanathaswamy Temple, Natham Kovilpatty, Natham Taluk, Dindigul District, through its Executive Officer ... Petitioner Vs.

1.The District Collector, Madurai District, Madurai-20 2.The Special Tahsildar, Adi-Dravidar Welfare (Alagu-II) Collector Office, Madurai-20.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Declaratory Mandamus, declaring that the Acquisition proceedings in Award No.6/97-98 dated 05.02.1998 in respect of lands in S.No.124/2 measuring 0.34.0 Hectares in Manappancheri Village, Natham Kovilpatty, Natham Taluk, Didigul District, as illegal null 1/4

and void, as it is violative of Section 34 of Tamil Nadu Act 22 of 1959 and thereby lapsed and directing the respondents to mutate the revenue records in respect of the lands in the name of Petitioner/temple. For Petitioner : Mr.S.Manohar For Respondents : Mr.A.K.Manikkam, Special Government Pleader

O R D E R

This Writ Petition has been filed for issuance of Declaratory Mandamus, declaring that the Acquisition proceedings in Award No. 6/97-98 dated 05.02.1998 in respect of lands in S.No.124/2 measuring 0.34.0 Hectares in Manappancheri Village, Natham Kovilpatty, Natham Taluk, Didigul District, as illegal null and void, as it is violative of Section 34 of Tamil Nadu Act 22 of 1959 and thereby lapsed and directing the respondents to mutate the revenue records in respect of the lands in the name of Petitioner/temple.

2. When the matter was taken up for hearing, the learned Special Government Pleader produced the earlier order passed by this Court in W.P.(MD).No.234 of 2006, dated 24.10.2008. In this Writ Petition, a similar relief was sought for by questioning the order dated 05.02.1998 and this Writ Petition was dismissed. After the dismissal, no 2/4

appeal was preferred and whereas, the petitioner has once again approached this Court and filed this Writ Petition on the same cause of action. This Court does not find any merits in this Writ Petition and accordingly, the same is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

30.11.2023 NCC:yes/no Index:yes/no Internet:yes/no tsg To 1.The District Collector, Madurai District, Madurai-20 2.The Special Tahsildar, Adi-Dravidar Welfare (Alagu-II) Collector Office, Madurai-20.

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N.ANAND VENKATESH, J tsg 30.11.2023 4/4