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Madras High CourtWP(MD)/25941/2024disposed of

S.Sangeetha v. The District Collector

2024-10-28Honourable The Chief Justice,Honourable Mr Justice Mohammed Shaffiq7 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 28/10/2024

CORAM

THE HON'BLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HON'BLE MR. JUSTICE MOHAMMED SHAFFIQ WP(MD). No.25941 of 2024 and WMP(MD) No.22004 of 2024 S.Sangeetha ... Petitioner Vs

1. The District Collector, O/o. the District Collector Tiruchirappalli District, Tiruchirappalli.

2. The District Revenue Officer, O/o. the District Revenue Officer Tiruchirappalli, Tiruchirappalli District.

3. The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Musiri,Tiruchirappalli District.

4. The Joint Commissioner, O/o. the Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tiruchirappalli, Tiruchirappalli District.

5. The Assistant Commissioner, O/o the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Perambalur, Perambalur District.

6. The Executive Officer, 1/7

Arulmigu Varadharaja Perumal Temple, Office at Arulmigu Prasanna Venkatachalapathy Temple, Thuraiyur, Tiruchirappalli District.

7. The Sub Registrar, O/o. the Sub Registrar, Uppiliyapuram, Thuraiyur Taluk, Tiruchirappalli District..

8. M.Saravanan, S/o Mallan, Near Vao Office, Kosatheru, Marady Post, Thuraiyur Taluk, Trichy 621 003.

9. P.Ganesan, S/o Periyasamy, Ambalakara Street, Kattapuli Road Line, Marady, Thuraiyur Taluk, Trichy 621 003.

10. P.Subramaniyan, S/o Periyasamy, Ambalakara Street, Kattapuli Road Line, Marady, Thuraiyur Taluk, Trichy 621 003.

11. T.Bakiyam, W/o Thangaraj Mariamman Kovil Street, Marady Road, Kottapalayam Post, Thuraiyur Taluk, Trichy 621 003.

... Respondents PRAYER :- Writ Petition filed under Article 226 of Constitution of India, praying this Court to issue of Writ of Mandamus directing the 2/7

respondents 1 to 3 to cancel the patta stands in the name of the respondents 8 to 11 and restore the patta and revenue records in the name of Arulmigu Varadharaja Perumal Temple in respect of the land in Survey No.116 (430/3), Subdivision Survey Nos. 169/3B1 (430/3B1), 169/3B2 (430/3B2) 169/3B3 430/3B3) 169/3B4 (430/3B4) and 169/3C (430/3C) situated at Marady Village, Thuraiyur Taluk, Tiruchirappalli District and consequential direction to the respondents 4 to 6 to remove the encroachment made by the respondents 8 to 11 in the above land belonging to the Arulmigu Varadharaja Perumal Temple. For Petitioner : Mr.D.Shanmugaraja Sethupathi For Respondents : Mr.P.Thilak Kumar for R1 to R7 Government Pleader

ORDER

(Order of the Court was made by the Hon'ble the Chief Justice) Petition is to direct respondent Nos.1 to 3 to cancel the patta standing in the name of respondents 8 to 11 and restore the patta and revenue records in the name of Arulmigu Varadharaja Perumal Temple ('the said Temple').

2. The learned Government Pleader states that the representation/application of respondent No.6/the Executive Officer of the said Temple to cancel patta standing in the name of respondents 8 to 11 is pending before the respondent No.2/the District Revenue Officer. 3/7

3. Counsel for petitioner states that it has been pending since 2021.

4. The learned Government Pleader states that the matter shall be decided after giving an opportunity to both the parties, to represent the case and a final order shall be passed on or before 31.01.2025. The counsel states that no extension will be sought.

5. Five working days advance notice shall be given to the parties to appear for the personal hearing and the order to be passed shall be a reasoned order dealing with all the submissions.

6. If respondent No.2 holds against respondent Nos.8 to 11, then, the learned Government Pleader states that steps will be taken to restore the patta and revenue records in the name of the said temple and steps to remove the encroachment shall also be taken immediately.

7. Petition disposed of. No application of respondent No.2 for extending the time to dispose the representation/application shall be entertained. There shall be no order as to costs. Consequently, interim 4/7

application stands closed.

(K.R.SHRIRAM, C.J.) (MOHAMMED SHAFFIQ, J.) 28.10.2024 NCC : Yes/No Index : Yes/No RR 5/7

TO

1. The District Collector, O/o. the District Collector Tiruchirappalli District, Tiruchirappalli.

2. The District Revenue Officer, O/o. the District Revenue Officer Tiruchirappalli, Tiruchirappalli District.

3. The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Musiri, Tiruchirappalli District.

4. The Joint Commissioner, O/o. the Joint Commissioner, Hindu Religious and Charitable Endowment Department, Tiruchirappalli, Tiruchirappalli District.

5. The Assistant Commissioner, O/o the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Perambalur, Perambalur District.

6. The Executive Officer, Arulmigu Varadharaja Perumal Temple, Office at Arulmigu Prasanna Venkatachalapathy Temple, Thuraiyur, Tiruchirappalli District.

7. The Sub Registrar, O/o. the Sub Registrar, Uppiliyapuram, Thuraiyur Taluk, Tiruchirappalli District..

6/7

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

RR

ORDER

IN WP(MD) No.25941 of 2024 Date : 28/10/2024 7/7