Arulmigu Mutharamman Thirukoil v. The District Collector Cum

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.02.2025

CORAM:

THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN and W.M.P.(MD) Nos.14133, 14134 of 2017 & M.P.(MD)Nos.1 & 2 of 2015 Arulmigu Mutharamman Thirukoil, Peyankuzhi, Rep. By its President, P.Gopalan ... Petitioner in both W.Ps.

-vs1.The District Collector cum Inspector of Village Panchayats, Kanyakumari District, Nagercoil.

2.The Assistant Director-Village Panchayats, District Collector's Office Campus, Nagercoil, Kanyakumari District.

3.The Revenue Divisional Officer, Padmanabhapuram at Thuckalay, 4.The Block Development Officer, Thuckalay Panchayat Union, Kozhiporvilai, Mulagumoodu Post,

5.The Special Officer, Nullivilai Village Panchayat, Kandanvilai & Post, 6.The Chief Election Commissioner, Tamil Nadu State Election Commission, No.208/2, Jawaharlal Nehru Road, Opposite CMBT Arumbakkam, Chennai-600 106.

7.The Secretary, Tamil Nadu Ministry of Rural Development & Panchayat Raj, Secretariat, Fort St.George, Chennai-600 009. 8.C.S.I.Church, Rep. By its Secretary, Peyankuzhi, Peyankuzhi Post, 9.Thooya Anthoniyar R.C.Church, Rep. By its Vice-President, Vincent Paul, Peyankuzhi & Post, ... Respondents in W.P.(MD)No.17592 of 2017 (R8 & R9 are suo motu impleaded vide Court order dated 08.03.2019) 1.The District Collector, Kanyakumari District, Nagercoil.

2.The District Revenue Officer, Kanyakumari District, Nagercoil.

3.The Revenue Divisional Officer, Padmanabhapuram, Thuckalay, 4.The Tahsildar,

5.The Village Administrative Officer, Formerly Eraniel - now Nulluvilai-B Village, 6.The Deputy Director, Survey and Land Records, Central Survey Office, Chennai-5.

7.C.S.I.Church, Rep. By its Secretary, Peyankuzhi, Peyankuzhi Post, 8.Thooya Anthoniyar R.C.Church, Rep. By its Vice-President, Vincent Paul, Peyankuzhi & Post, ... Respondents in W.P.(MD)No.17809 of 2015 PRAYER in W.P.(MD)No.17592 of 2017: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order of the 1st respondent by his proceedings bearing No.V4/35056/2017, dated 01.09.2017 on the file of the 1st respondent and quash the same and consequently, to direct the respondents 1 to 7 to immeidately include the entire area comprised in re-survey Nos.821 & 834 of Nullivilai-B Village with the Peyankuzhi Block Nos.22 & 23/Ward Nos.11 & 12.

PRAYER in W.P.(MD)No.17809 of 2015: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned proceedings issued by the 1st respondent in Roc.No.E1/3501/2015, dated 01.09.2015 and quash the same as illegal and ultra vires the Constitution and consequently, to direct the

respondents 1 to 6 to take immediate steps to (i)erase the name Perinbapuram displayed by the 7th respondent in many of thier buildings situated at Peyankuzhy and restrain the usage of disputed name Perinbapuram in Peyankuzhy Area as per revenue records in future; (ii)to install hamlet name boards in the eastern and western boundary of Peyankuzhy area State Highways; (iii)to direct the 6th respondent to correct the mistake in the Eraniel Village map published in the year 1979, wherein the name of the locality comprised in re-survey Nos.730 & 730A of the said village map in which it is wrongly mentioned as Perinbapuram into Peyankuzhy; (iv)to direct the 4th respondent to correct the name Perinbapuram in re-survey Nos.

730, 730A & 733 of Field Measurement Book of Kalkulam Taluk into Peyankuzhy & (v) to direct the 8th respondent to correct the name Nullivilai Thooya Anthoniyar Church into Peyankuzhy Thooya Anthoniyar Church as per revenue records. For Petitioner : Mr.B.Ashok (in both W.Ps.) For R1 to R3 : Mr.P.Thilak Kumar, & R7 Government Pleader For R4 : Mr.M.Rajarajan For R5 : Mr.N.S.Karthikeyan, For R8 & R9 : Mr.A.Joseph Jerry (in W.P.(MD)No.17592 of 2017) For R1 to R6 : Mr.P.Thilak Kumar, Government Pleader For R7 & R8 : Mr.A.Joseph Jerry (in W.P.(MD)No.

COMMON ORDER [Order of the Court was made by The Hon'ble CHIEF JUSTICE] After these petitions were heard for some time, Mr.B.Ashok, Counsel for petitioner sought leave to withdraw these petitions with liberty to take appropriate proceedings.

2.Writ Petitions are dismissed as withdrawn with liberty as prayed for. There shall be no order as to costs. Consequently, interim applications stand dismissed.

[K.R.SHRIRAM., C.J.] & [V.LAKSHMINARAYANAN, J.] 12.02.2025 NCC : Yes / No Index : Yes / No Yuva

To:

1.The District Collector cum Inspector of Village Panchayats, Kanyakumari District, Nagercoil.

2.The Assistant Director-Village Panchayats, District Collector's Office Campus, Nagercoil, Kanyakumari District.

3.The Revenue Divisional Officer, Padmanabhapuram at Thuckalay, 4.The Secretary, Tamil Nadu Ministry of Rural Development & Panchayat Raj, Secretariat, Fort St.George, Chennai-600 009. 5.The District Revenue Officer, Kanyakumari District, Nagercoil.

6.The Tahsildar, 7.The Village Administrative Officer, Formerly Eraniel - now Nulluvilai-B Village, 8.The Deputy Director, Survey and Land Records, Central Survey Office, Chennai-5.

THE HON'BLE CHIEF JUSTICE and V.LAKSHMINARAYANAN , J.

Yuva and W.M.P.(MD) Nos.14133, 14134 of 2017 & M.P.(MD)Nos.1 & 2 of 2015 12.02.2025