M.Santhanarani v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 17.07.2020
CORAM:
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR Writ Petition (MD).No.18338 of 2019 M.Santhanarani ... Petitioner Vs.
1.The District Collector, Sivagangai District, Sivagangai.
2.The District Land Survey Officer, Office of the Land Survey, Collectorate, Sivagangai, Sivagangai District.
3.The Revenue Divisional Officer, Sivagangai, Sivagangai District.
4.The Block Development Officer, Office of the Block Development, Sivagangai, Sivagangai District.
5.The Thasildar, Taluk Office, Sivagangai Taluk, Sivagangai District.
... Respondents Prayer :
Writ Petition is filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the respondents to measure and mark the boundaries in Survey Nos.17/11 and 17/12 situated at Arasani Muthupatti, Muthupatti Village, Sivagangai Taluk and District, based on the petitioner's representation dated 10.07.2019.
For Petitioner : Mr.PR.Boomee Rajan For Respondents : Mr.R.Sethuraman Special Government Pleader 1/3
O R D E R
This writ petition has been filed for issuance of a Writ of Mandamus directing the respondents to measure and mark the boundaries in Survey Nos.17/11 and 17/12 situated at Arasani Muthupatti, Muthupatti Village, Sivagangai Taluk and District, based on the petitioner's representation dated 10.07.2019.
2. According to the petitioner, he is the Administrative Committee Member in Roman Catholic Christian Church at Arasani Muthupatti Village, Muthupatti, Sivagangai District and the property in Survey Nos.17/11 and 17/12 to the extent of 36 cents belongs to Roman Catholic Christian Church Committee people. On 10.07.2019, the petitioner has made a representation to the authority to measure and mark the boundaries in Survey Nos.17/11 and 17/12 situated at Arasani Muthupatti, Muthupatti Village, Sivagangai Taluk and District. But, the said presentation is still pending and so far no order has been passed. Hence, the petitioner has approached this Court by filing the present writ petition.
3. The learned Special Government Pleader appearing for the respondents would submit that as per the Revenue Records, the property in Survey Nos.17/11 is classified as Government Poramboke Cemetery and the property in Survey No.17/12 was gifted by Chennai Boomithana Board. Further, the petitioner has filed the present writ petition in his individual capacity.
4. The grievance of the petitioner is that the aforesaid property in Survey Nos.17/11 and 17/12 are earmarked for burial ground. So, the petitioner being the Member of the Roman Catholic Christian Church has filed the writ petition in his individual capacity. The learned counsel appearing for the petitioner has also informed this Court that they had already approached the Civil Court and obtained the order.
5. On perusal of the cause title, it is seen that the petitioner has filed the present writ petition in his individual capacity. If any person is authorised to represent on behalf of the Church, the concerned person shall make a request before the authority seeking the aforesaid relief and the writ petition deserves no merits. Accordingly, this Writ Petition is dismissed with the above terms. No costs.
Sd/- Assistant Registrar // True Copy // / /2020 Sub Assistant Registrar(CS) 2/3
akv To 1.The District Collector, Sivagangai District, Sivagangai.
2.The District Land Survey Officer, Office of the Land Survey, Collectorate, Sivagangai, Sivagangai District.
3.The Revenue Divisional Officer, Sivagangai, Sivagangai District.
4.The Block Development Officer, Office of the Block Development, Sivagangai, Sivagangai District.
5.The Thasildar, Taluk Office, Sivagangai Taluk, Sivagangai District.
Writ Petition (MD).No.18338 of 2019 17.07.2020 PK(CO) TR(28.07.2020)3P 6C 3/3