Palanisamy v. The Revenue Divisional Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.08.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Palanisamy ... Petitioner versus

1. The Revenue Divisional Officer, Karur, Karur District.

2. The Assistant Commissioner, Hindu Religious & Charitable Endowment, Samynathapuram, Karur District.

3. The District Collector, Karur District.

(R3 is suo motu impleaded as per order dated 09.08.2023) ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the 2nd respondent to comply with the order of the 1st respondent vide Na.Ka.A4/4155/2023 dated 07.07.2023 within a time frame fixed by this Court.

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For Petitioner : Mr.I.Velpradeep For R1 & R3 : Ms.D.Farjana Ghoushia, Special Government Pleader For R2 : Mr.S.P.Maharajan Special Government Pleader

ORDER

The petitioner has submitted an application before the first respondent/the Revenue Divisional Officer, Karur, to change the patta which stands in the name of Sri Kanjamanaur Mariyamman Temple for the land in Survey Nos.1237 and 1245 of Uppidamangalam Village, Karur District, in his name.

2. The learned counsel appearing for the petitioner submits that the lands in Survey Nos.1237 and 1245 of Uppidamangalam Village, Karur District, belong to him. However, in the Revenue Records, it has wrongly been shown as the land belongs to Sri Kanjamanaur Mariyamman Temple. Therefore, the petitioner has submitted an 2/6

application to the first respondent/the Revenue Divisional Officer, Karur, requesting him to correct the entries in the revenue records. The first respondent has also directed the second respondent/the Assistant Commissioner of HR&CE Karur District to furnish the details about the wrong classification. This communication was made by the first respondent on 07.07.2023. However, the second respondent/the Assistant Commissioner of HR&CE has not furnished the details for the past one month and in view of that enquiry has not been concluded. Hence, the petitioner is before this Court.

3. The learned Special Government Pleader appearing for the second respondent/the Assistant Commissioner of HR&CE, Karur District, submits that the name of the Temple is found in the Revenue Records even before UDR survey. However, the petitioner has raised certain objections, claiming that the lands in Survey Nos.1237 and 1245 of Uppidamangalam Village, Karur District, belong to him. Therefore, on 07.08.2023, the second respondent has also made a 3/6

request to the District Collector, Karur, to furnish certain documents, namely, A Register of the year 1912, FMB sketch, IFR RSLR and A register of the year 1985, which are yet to be received from the District Collector, Karur. Therefore, they are not in a position to produce the relevant documents during the enquiry before RDO.

4. Considering the rival submissions made, this Court suo motu impleads the District Collector, Karur as 3rd respondent in this writ petition.

5. The newly impleaded respondent, namely, the District Collector, Karur, shall consider the application of the second respondent dated 07.08.2023 within a period of eight weeks from the date of receipt of a copy of this order.

6. After receipt of the documents which are sought from the 3rd respondent, the second respondent shall furnish all those documents 4/6

during the enquiry before the first respondent. On receipt of those documents, the first respondent shall consider the same and take a decision in accordance with law, as expeditiously as possible.

7. With the above direction, this writ petition is disposed of. No costs.

09.08.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

To

1. The Revenue Divisional Officer, Karur, Karur District.

2. The Assistant Commissioner, Hindu Religious & Charitable Endowment, Samynathapuram, Karur District.

3. The District Collector, Karur District.

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B.PUGALENDHI, J.

ogy 09.08.2023 6/6