Thenrajan v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 28.10.2024

CORAM:

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Thaenrajan ... Petitioner -vs1.The District Collector Virudhunagar District Virudhunagar 2.The Joint Commissioner Hindu Religious and Charitable Endowments Department Madurai 3.The District Revenue Officer Virudhunagar District Virudhunagar 4.The Assistant Commissioner HR & CE Virudhunagar

5.The Tahsildar Kariyapatti Taluk Virudhunagar District 6.The Fit Person Pudhumaiudaya Ayyanar and Karuppasamy Thirukoil Aviyur Virudhunagar District 7.Palani ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 6 to remove the encroachment made by the seventh respondent and consequently issue direction to the revenue officials to mutate the Patta for the lands in S.No.82/4 in Aviyur Village and S.No.126/2 in Arasankulam Village in the name of "Puthumaiudaya Ayyanar and Karuppasamy Temple" within a time stipulated by this Court. For Petitioner :

Mr.S.Bala Karthick For Respondents :

Mr.P.T.Thiraviyam Government Advocate for R1 to 5

O R D E R

[Order of the Court was made by The Hon'ble CHIEF JUSTICE] Relief sought in the petition is in two parts. The first part is for a writ of mandamus to direct respondent Nos.1 to 6 to remove the encroachment made by respondent No.7 and the second part is to direct the revenue officials to mutate the patta for the lands in the name of Puthumaiudaya Ayyanar and Karuppasamy Temple.

2. As regards the first part, i.e., removal of encroachment by respondent No.7, Shri P.T.Thiraviam appearing for respondent Nos. 1 to 5 states that subsequent to the order dated 29.02.2024, passed by this Court in W.P. (MD) No.4697 of 2024, the encroachment has been removed. Counsel makes this statement on instructions from respondent No.5 - the Thasildar and as on date, there is no encroachment. Statement is accepted.

3. As regards the second part i.e., grant of patta to the said temple, Shri.P.T.Thiraviam states that respondent No.4 has already applied to respondent No.3 for grant of patta to the said temple and that application is

under consideration. Counsel states that respondent No.3 shall take a decision and pass order after following due process, on or before 31st December, 2024.

4. Writ petition is disposed of. There shall be no order as to costs. [K.R.SHRIRAM., C.J.] [MOHAMMED SHAFFIQ, J.] 28.10.2024 NCC : Yes / No Index : Yes / No krk To:

1.The District Collector, Virudhunagar District, Virudhunagar.

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

3.The District Revenue Officer, Virudhunagar District, Virudhunagar.

4.The Assistant Commissioner, HR & CE,

Virudhunagar.

THE HON'BLE CHIEF JUSTICE and MOHAMMED SHAFFIQ, J.

krk 28.10.2024