Somasundaram v. The District Collector

0BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 03.10.2024

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA Somasundaram .. Petitioner Vs.

1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Assistant Commissioner, HR & CE Department, Pandiyan Nagar, Dindigul.

4.The Tahsildar, Dindigul East Taluk Office, Natham Road, Dindigul District.

.. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing the fourth respondent / Tahsildar to issue patta in the name of Arulmigu Jambudurai

Kannimar and Vinayagar Thirukovil situated in Survey No.243/1 (14 cents) at Vellode Village, by way of considering the petitioner's representation dated 20.08.2024.

For Petitioner :

Mr.S.Sivakumar For Respondents :

Mr.D.S.Nedunchezhian Government Advocate

ORDER

Seeking a patta in the name of the Temple, viz., Jambudurai Kannimar and Vinayagar Thirukovil, which is situate in S.No.243/1, measuring 14 cents, A.Vellodu Village, the petitioner had sent a representation dated 20.08.2024 to the fourth respondent-Tahsildar. Since no action has been taken on the same, the petitioner is before this Court.

2. The petitioner would submit that the temple and its surrounding areas measure about 14 cents and an old well is found in that place. One Ponram is working as poojari in the said Temple under the Rules of the Hindu Religious and Charitable Endowments Department.

3. It is the contention of the petitioner that the temple is over 100 years old. Reference to the above is also available in a proceedings of the Madurai Tahsildar in his proceedings dated 06.05.1967. A.Vellodu Panchayat by their resolution dated 18.08.2023 recommended the revenue authority to issue patta in the name of the Temple. The petitioner recently came to know that during UDR, the revenue records wrongly showed this property as a union road. This union road is situate on the north-south direction and in the above property, there is a drinking water well, which is used by the villagers and therefore, the request was made to the respondents.

4. Heard the learned counsel on either side.

5. Considering the request of the petitioner, a mandamus is issued to consider the representation of the petitioner dated 20.08.2024 and pass orders and grant patta, if not granted already within a period of eight weeks from the date of receipt of a copy of this order.

6. With the above direction, this writ petition is allowed. No costs. 03.10.2024 NCC : Yes/No Index : Yes/No Internet : Yes abr To 1.The District Collector, Dindigul District, Dindigul.

2.The Revenue Divisional Officer, Dindigul, Dindigul District.

3.The Assistant Commissioner, HR & CE Department, Pandiyan Nagar, Dindigul.

4.The Tahsildar, Dindigul East Taluk Office, Natham Road, Dindigul District.

P.T.ASHA, J.

abr Dated: 03.10.2024