R.Seenivasan v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 07.08.2020
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR W.P.(MD)No.17546 of 2019 1.R.Seenivasan 2.M.Ayyachamy ... Petitioners Vs.
1.The District Collector, Karur District.
2.The District Revenue Officer, Kulithalai, Karur District.
3.The Revenue Divisional Officer, Krishnarayapuram Taluk, Karur District.
4.The Executive Officer, (Fit person - Sri Ellaiamman and Sri Vinayagar Temple, Kuppatchipatti), A/m. Kadambavaneshwarar Temple, Kulithalai, Karur District.
... Respondents PRAYER:- Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 3 to consider the petitioner's representation dated 11.03.2019 to pass orders granting patta for the lands in Survey Nos.733/8, 613/4, 734, 735/2 situated in Sivayam Village, Kuppatchipatti, Karur District in the name of petitioners family deities Sri Ellaiamman and Sri Vinayagar Temple, Kuppatchipatti. For Petitioner : M/s.S.Devasena For RR 1 to 3 : Mr.C.M.Mari Chelliah Prabhu Additional Government Pleader For R - 4 : Mr.P.Aathimoola Pandian 1/3
ORDER
The petitioner has filed the present Writ Petition to issue a Writ of Mandamus, to direct the respondents 1 to 3 to consider the petitioner's representation dated 11.03.2019 to pass orders granting patta for the lands in Survey Nos.733/8, 613/4, 734, 735/2 situated in Sivayam Village, Kuppatchipatti, Karur District in the name of petitioners family deities Sri Ellaiamman and Sri Vinayagar Temple, Kuppatchipatti.
2.According to the petitioners, they made a representation dated 11.03.2019 to the respondents 1 to 3 to grant patta to the lands in Survey Nos.733/8, 613/4, 734 and 735/2 situated at Sivayam Village, Kuppatchipatti in the name of the fourth respondent Temple Sri Ellaiamman and Sri Vinayagar. Since no order has been passed on the side of the respondents 1 to 3, the petitioner has filed the present Writ Petition.
3.It is brought to the notice of this Court by the learned Additional Government Pleader appearing for the respondents 1 to 3 that the petitioner had made a representation before the Revenue Divisional Officer, Kulithalai, but wrongly shown in the cause title as Revenue Divisional Officer, krishnarayapuram Taluk and the petitioner has also given a representation before the Tahsildar, Krishnarayapuram, but not impleaded the Tahsildar, Krishnarayapuram as a party in the present Writ Petition. Further, the Executive Officer has not given any representation before the authority. 4.In the light of the submissions made by the learned Additional Government Pleader, this Court is not inclined to entertain the Writ Petition. However, liberty is granted to the concerned authorized person, viz., either the fourth respondent or any other representative, to make a representation before the authority concerned for granting of patta.
5.Accordingly, the Writ Petition is disposed of with the above liberty. No costs.
Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) Note:- In view of the present lock down owing to COVID - 19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned. 2/3
To 1.The District Collector, Karur District.
2.The District Revenue Officer, Kulithalai, Karur District.
3.The Revenue Divisional Officer, Krishnarayapuram Taluk, Karur District.
4.The Executive Officer, (Fit person - Sri Ellaiamman and Sri Vinayagar Temple, Kuppatchipatti), A/m. Kadambavaneshwarar Temple, Kulithalai, Karur District.
+1 CC to M/s.Special Government Pleader ( SR-13893[F] dated 12/08/2020 ) +1 CC to M/s.S. DEVASENA, Advocate ( SR-14039[F] dated 13/08/2020 ) Order made in W.P.(MD)No.17546 of 2019 Dated:07.08.2020 ps SDS (18.08.2020) 3P-7C 3/3