Muniyappan v. The Thasildar

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 16.07.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR Muniyappan ... Petitioner Vs 1.The Thasildar, Sankarankovil Taluk, Sankarankovil, Tenkasi District.

2.The Assistant Commissioner/Executive Officer, Arulmigu Sankaranarayanaswamy Temple, Sankarankovil, Tenkasi District.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the first respondent herein to conclude the enquiry for issuing patta in respect of the land comprised in Old Survey No.564/B1, New Survey Nos.893/3A, 893/3B and 893/3C admeasures to an extent of 5.73.0 hectares within a stipulated time period in accordance with law on the basis of the representation dated 23.11.2024, 04.02.2025 and 21.03.2025. For Petitioner : Mr.M.Ramesh 1/6

For R1 : Mrs.S.Jeya Priya Government Advocate For R2 : Mr.S.Manohar

O R D E R

This Writ Petition is filed seeking a direction to the first respondent to conclude the enquiry and issue patta in respect of the land comprised in Old Survey No.564/B1, New Survey Nos.893/3A, 893/3B and 893/3C measuring 5.73.0 hectares, by considering the petitioner's representation 21.03.2025.

2. Heard the arguments of Mr.M.Ramesh, learned counsel for the petitioner, Mrs.S.Jeya Priya, learned Government Advocate appearing for the first respondent and Mr.S.Manohar, learned counsel appearing for the second respondent. By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself. 3.According to the petitioner, he purchased the subject properties under two sale deeds registered as Document Nos.3466/2010 and 8671/2010 on the file of the Sub Registar, Sankarankovil. The properties 2/6

were plotted out. Therefore, the petitioner filed an application before the first respondent for mutation of revenue records. The said request was opposed by the second respondent on the ground that the subject properties are service inam lands of the second respondent temple under title deed 194. In view of the objection raised by the second respondent, the first respondent has not considered the request of the petitioner for issuance of separate patta. Therefore, the petitioner has filed this writ petition with the above mentioned prayer.

4.The learned Government Advocate, who takes notice for the first respondent would submit that the application submitted by the petitioner will be dealt with in accordance with law.

5.The learned counsel, who takes notice for the second respondent would submit that the subject properties are service inam lands under the category of Vasal Kaval Maniyam and therefore, any alienation of service innam land will not confer title on the petitioner or predecessor in interest.

6.In view of the serious objection raised by the second respondent 3/6

with regard to the title over the subject properties, the second respondent is directed to produce copies of the documents in his custody before the first respondent, to substantiate the claim over the subject properties within a period of four weeks from the date of receipt of a copy of this order. The first respondent shall issue notice to the petitioner and the second respondent and pass final orders on the representation made by the petitioner dated 16.06.2025 within a further period of twelve week. 7.With these directions, this Writ Petition is disposed of. No costs. 16.07.2025 cp Index : Yes/No Internet: Yes/No To The Thasildar, Sankarankovil Taluk, Sankarankovil, Tenkasi District.

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S.SOUNTHAR, J.

cp W.P (MD) No.19196 of 2025 16.07.2025 6/6