Balamurugan.A v. The District Collector

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 10.06.2025

CORAM

THE HONOURABLE MR. JUSTICE S.SOUNTHAR and W.M.P.(MD)No.15323 of 2022 A.Balamurugan ... Petitioner Vs

1. The District Collector, Madurai District, Madurai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai Region, Madurai.

3. The District Revenue Officer (Special Officer), Temple Lands, Ellis Nagar, Madurai 625016.

4. Arulmigu Jeyaveera Anjaneyar Temple, Madurai throught its Executive Officer, Simmakkal, Madurai - 625 001.

... Respondents (R4 impleaded vide order of this Court dated 10.06.2025 in W.M.P.(MD)No.19532/2022 in W.P.(MD)No.21099/2022) PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the 3rd respondent 1/7

to conduct proper enquiry regarding the entitlement of patta in the name of the petitioner pertaining to the property comprised in S.No.50/1 of Sakkilipatti Village, Thirupparankundram Taluk, Madurai District and pass appropriate orders to restore the entries made in the revenue records pertaining to the property in the name of the petitioner, on the basis of the representation dated 22.08.2022, within the time limit as fixed by this Court.

For Petitioner : Mr.R.Aravindan For Respondents : Mr.M.Gangatharan, Govt. Advocate for R1 & R3 Mr.S.S.Madhavan for R2 Mr.S.Manohar for R4

O R D E R

The petitioner herein seeks a direction to the third respondent to conduct enquiry on the representation submitted by him on 22.08.2022 pertains to issuance of patta in respect of the property comprised in S.No.50/1, Sakkilipatti Village, Thirupparankundram Taluk, Madurai District.

2. Heard the arguments of Mr.R.Aravindan, learned counsel for the petitioner, Mr.M.Gangatharan, learned Government Advocate appearing 2/7

for the respondents 1 and 3, Mr.S.S.Madhavan, learned counsel appearing for the second respondent and Mr.S.Manohar, learned counsel appearing for the fourth respondent.

3. It is the case of the petitioner that the above said property originally owned by his paternal aunt Petchiammal and she executed a Will bequeathing the subject property in favour of the petitioner. After the death of Petchiammal, the petitioner filed a Succession OP in S.O.P.No.41 of 2008 on the file of the Sub Court, Madurai and the petitioner was declared as legal heir of the deceased Petchiammal. Subsequently, mutation had also taken place in favour of the petitioner in the revenue records. The third respondent at the instance of the second respondent cancelled the patta issued in the name of the petitioner and issued patta in the name of the Village Temple called Ammachiar Temple. Aggrieved by the same, the petitioner submitted a representation before the third respondent on 22.08.2022 seeking cancellation of the patta issued in the name of temple and restoration of the patta in the name of the petitioner. The said representation has not been considered by the third respondent. Hence, the petitioner has come before this Court seeking the above mentioned direction.

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4. The learned counsel, who appear for the impleaded 4th respondent would submit that the third respondent post is not available as on today. It is also stated by the learned counsel appearing for the 4th respondent that the subject property is inam land and patta was granted in the name of Arulmigu Ammachiar Temple, Sekkilipattay under the Tamil Nadu Act 30 of 1963 and therefore, the said temple is entitled to patta.

5. In view of the rival contentions raised by the petitioner and the 4th respondent, without expressing any opinion on the merits of the claim made by the petitioner, this Court directs the petitioner to submit a fresh representation before the competent authority viz., the Revenue Divisional Officer, Thirumangalam, within a period of three (3) weeks from the date of receipt of a copy of this order. If any such representation is filed by the petitioner before the competent authority, as mentioned above, the said authority shall consider the representation of the petitioner and pass final orders on its own merits within a period of twelve (12) weeks from the date of receipt of a copy of this order, after affording reasonable opportunity to the petitioner, 4th respondent temple 4/7

and other interested parties, if any.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

10.06.2025 vsm Index: Yes/No Internet: Yes/No Note: Registry is directed to mark a copy of this order to the Revenue Divisional Officer, Thirumangalam. To

1. The District Collector, Madurai District, Madurai.

2. The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai Region, Madurai.

3. The District Revenue Officer (Special Officer), Temple Lands, Ellis Nagar, Madurai 625016.

4. The Revenue Divisional Officer, Thirumangalam.

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S.SOUNTHAR, J.

vsm W.P (MD) No.21099 of 2022 6/7

10.06.2025 7/7