Arulmigu Kattu Badrakali v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2020
CORAM:
THE HONOURABLE MR.JUSTICE S. VAIDYANATHAN and W.M.P.(MD) No.5529 of 2018 Arulmigu Kattu Badrakali Amman Temple Venkadasamudram, Thirumangalam Taluk Madurai District through its Executive Officer ... Petitioner Vs.
1.The District Collector, Collector Office, Madurai.
2.The Tahsildar Tirumangalam Taluk Tirumangalam, Madurai District.
3.The District Surveyor, Collector's office, Madurai Madurai District.
4.The Taluk Field Surveyor, Tahsildar Office Tirumangalam, Madurai District 5.The Secretary Tirumangalam Pandiyakula Kshatriya Nadargal Uravinmurai Executive Committee 63 Poochi Nadar Street, Tirumangalam, Madurai.
... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 3rd and 4th respondents to survey the lands comprised in T.S.No.4,5 (Old S.No.295/1A2A, 295/1A2B) 2 Acre 37 cents T.S.No.94 (Old S.No.295/1C2) situated in Arumugam Road, Vadakarai Village, 1/3
Tirumangalam Taluk, Madurai District after due notice and fix boundary with survey stones within time fixed by this Court. For Petitioner : Mr.S.Manohar For respondents : Mr.P.Kannithevan for R1 to R4 Additional Government Pleader Mr.M.Muthukrishnan for R5
ORDER
This writ petition has been filed for issuance of a direction to the 3rd and 4th respondents to survey the lands comprised in T.S.No.4,5 (Old S.No.295/1A2A, 295/1A2B) 2 Acre 37 cents T.S.No.94 (Old S.No.295/1C2) situated in Arumugam Road, Vadakarai Village, Tirumangalam Taluk, Madurai District after due notice and fix boundary with survey stones within a time to be fixed by this Court.
2. It is the case of the petitioner that the Temple possess the aforesaid lands and the said lands have been encumbered by the poojaris of the temple by executing documents in favour of the fifth respondent. Hence, the first respondent issued proceedings stating that the documents are invalid. Aggrieved by the said proceedings, the fifth respondent filed W.P.No.4678/2004 before this Court and the said writ petition came to be dismissed by order dated 24.08.2017 holding that the petitioner has to challenge the said proceedings in accordance with law by enclosing a copy of the proceedings dated 27.02.2004. While that being so, the fifth respondent has encroached upon the property in question by putting shops and notice has also been sent to him to vacate the property.
3. It is the further case of the petitioner that for surveying the said lands of the petitioner Temple and fixing boundaries, the fourth respondent has sent notice. However, since the fifth respondent has raised some objections, the survey has not been conducted. Hence, in order to direct the respondents to survey the land and fix the boundaries, the petitioner is before this Court with this writ petition.
4. When this matter was taken up for hearing, it is represented by the learned Additional Government Pleader that the official respondents have no objection for conducting resurvey.
5. Considering the facts and circumstances, the respondents 3 and 4 are directed to conduct survey and pass necessary orders in accordance with law, after hearing the petitioner and the necessary parties. In case of issuance of patta, survey needs to be conducted and the said survey shall be photographed and videographed in the presence of the petitioner and necessary parties and the costs of photograph and Videograph to be borne by the party seeking patta. Such exercise shall be completed within a period of three months 2/3
from the date of receipt of a copy of this order. It is made clear that this Court has not decided the rights of the parties in the present Writ Petition. It is open to the respondents to decide the same in accordance with law. The guidelines issued by this Court in W.P.(MD)No.13465 of 2020 dated 05.10.2020 as modified today should be followed, wherever it is applicable. This Court has given directions to the Surveyor in W.P.(MD) No.13465/2020, the same principle laid down therein shall also be applicable to the facts of the present case.
6. With the above direction, the writ petition is disposed of. No costs. Consequently connected Miscellaneous Petition is closed. Sd/- Assistant Registrar () // True Copy // / /2020 Sub Assistant Registrar(CS) RR To 1.The District Collector, Collector Office, Madurai.
2.The Tahsildar Tirumangalam Taluk Tirumangalam, Madurai District.
3.The District Surveyor, Collector's office, Madurai Madurai District.
4.The Taluk Field Surveyor, Tahsildar Office Tirumangalam, Madurai District.
+1 CC to SPL GP ( SR-20231[F] dated 15/10/2020 ) +1 CC to Mr.S. MANOHAR, Advocate ( SR-20261[F] dated 15/10/2020 ) 13.10.2020 VB (09.11.2020) 3P 7C 3/3