Sri Selva Vinayagar Kovil Trust v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Sri Selva Vinayagar Kovil Trust, Owned by Agamudaiyar Community, Muthuramalingapuram Village, Poomalaipatti Group, Tiruchuli Taluk, Represented by its Trustee S.Palani.

... Petitioner Vs.

1.The District Collector, Office of the District Collector, 2.The Revenue Divisional Officer, Aruppukottai, 3.The Tahsildar, Thiruchuli Taluk Office, Thiruchuli, Virudhunagar District.

4.The Village Administrative Officer, Muthuramalingapuram Village, Poomalaipatti Group, Tiruchuli Taluk, ... Respondents 1/4

Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the third respondent herein to issue patta in the name of the Sri Selva Vinayagar Kovil Trust belongs to Agamudaiyar Community of Muthuramalingampuram Village, comprised in S.No.177/20 (50 sq. meters) situated at Muthuramalingapuram Village, Poomalaipatti Group, Thiruchuli Taluk, Virudhunagar District on the basis of judgment and decree passed in O.S. No.132 of 2021 dated 22.11.2022 passed by the learned District Munsif Cum Judicial Magistrate, Thiruchuli, Virudhunagar District within the time stipulated by this Court.

For Petitioner : Mr.P.Mahendran For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard both sides.

2.The petitioner filed O.S.No.132 of 2021 on the file of District Munsif Court, Thiruchuli. The State of Tamil Nadu and the jurisdictional Tahsildar figured as defendants. The relief of declaration as well as permanent injunction was granted in favour of the petitioner on 22.11.2022. The petitioner now seeks issuance of patta based on the said decree.

2/4

3.The third respondent will verify if the said decree has been put to challenge. If no appeal has been filed, patta shall be issued in favour of the petitioner. If appeal is filed, the appellant must have obtained interim order in their favour. If no interim order has been obtained, patta shall be issued and endorsement shall be made therein subject to the outcome of the appeal. This exercise shall be completed by the third respondent within a period of six weeks from the date of receipt of a copy of this order.

4.This writ petition is disposed of accordingly. There shall be no order as to costs.

23.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The District Collector, Office of the District Collector, 2.The Revenue Divisional Officer, Aruppukottai, 3/4

G.R.SWAMINATHAN,J.

MGA 3.The Tahsildar, Thiruchuli Taluk Office, Thiruchuli, Virudhunagar District.

4.The Village Administrative Officer, Muthuramalingapuram Village, Poomalaipatti Group, Tiruchuli Taluk, Copy to The District Munsif Cum Judicial Magistrate, Thiruchuli, 23.07.2024 4/4