Arulmighu Thiruvaranga Chelli Amman Temple v. The District Collector
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 11/12/2024
CORAM
THE HONOURABLE MRS.JUSTICE N.MALA Arulmighu Thiruvaranga Chelli Amman Temple Represeted through its Hereditary Trustee, T.Seralathan ... Petitioner Vs
1. The District Collector, Trichy District, Trichy..
2. The Tahsildar, Srirangam Taluk, Trichy District..
3. The Head Surveyor,, Taluk Office, Srirangam Taluk, Trichy District..
4. The Surveyor,, Taluk Office, Srirangam Taluk, Trichy District..
... Respondents 1/8
PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 2 to 4 to survey and demarcate the Arulmighu Thiruvaranga Chelli Amman Temple properties comprised in T.S.Nos. 1719, 1720, 1721, 1722, 1723, 1731, situated at Arulmighu Thiruvaranga Chelli Amman Temple, Railway Station Road, Srirangam, Tricy District, by considering the petitioner's representation dated 22.02.2022 and further representation dated 23.11.2024, within the time frame that may be fixed by this Honble Court.
For Petitioner : M/s.R.Yamuna, For Respondents : Mr.M.Muthumanikkam Government Advocate
ORDER
This Writ Petition is filed for issuance of writ of mandamus directing the respondents 2 to 4 to survey and demarcate the Arulmighu Thiruvaranga Chelli Amman Temple properties comprised in T.S.Nos. 1719, 1720, 1721, 1722, 1723, 1731, in Arulmighu Thiruvaranga Chelli Amman Temple, Railway Station Road, Srirangam, Tricy District, by considering the petitioners representation dated 22.02.2022 and further representation dated 23.11.2024, within the time frame that may be fixed by this Honble Court.
2. The property in T.S.Nos. 1719, 1720, 1721, 1722, 1723, 1731 and 1790 situated at Arulmighu Thiruvaranga Chelli Amman Temple, 2/8
Railway Station Road, Srirangam, Tricy District, corresponding to 32 subdivision numbers belonged to the petitioner temple. As there was some disturbance from the persons unconnected with the temple's properties, the petitioner filed an application to the second respondent on 22.02.2022 to survey and to demarcate the aforesaid lands of the petitioner temple. The petitioner also remitted the requisite fee to conduct survey and to demarcate the boundaries of the properties. As no action was taken on the petitioner's application, the petitioner submitted a representation on 23.11.2024 to the respondents to conduct survey and to demarcate the boundries of the temple properties. Even after the representation, no action was taken. Therefore, the petitioner filed the above writ petition for the aforesaid relief.
3. By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself. It is open to any aggrieved party to move this Court either by way of review or recall of this order, if there is any suppression of material facts by the petitioner.
4. This Court in W.P(MD)No.12676 of 2024, dated 14.06.2024 3/8
issued certain directions for considering the application for survey and fixing the boundary. Following the said order, the following directions are issued:
(I) The petitioner is directed to submit his / her application in on-line mode. The survey authority will scrutinize if the application submitted by the petitioner is in order. Patta need not be in the name of the applicant. If patta is in the name of the vendor and mutation has not been effected, still the application can be considered. (II) The petitioner will have to enclose all the relevant documents such as patta. The applicant must have individual patta in his / her name. If he / she is having joint patta, copattadars must give their consent for conducting survey. (III) The survey authority will issue notice to the writ petitioner as well as the adjacent land owners and also to the interested persons, if any.
(IV) Enquiry shall be held. During enquiry, objections raised by the adjacent land owners / interested persons shall be considered.
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(V) If according to the jurisdictional authority, the objections are without any basis, the same shall be overruled and the objectors shall be informed accordingly. But the survey will be conducted only after a period of six weeks so that the objector can move the concerned Court for injunction. If before the proposed date of survey, the objector is unable to obtain any injunction order, the survey can very well go on. (VI) It is open to the parties to serve memo of instructions to the surveyor at the time of conducting survey. The same will be borne in mind. While it cannot be binding on the surveyor, the same will be taken note of. (VII) If the jurisdictional authority finds objections to be having substance, then, he shall call upon the applicant to move the jurisdictional civil Court for agitating his rights.
(VIII) If required, the survey authority is empowered to seek aid of the jurisdictional police and the jurisdictional police are mandated to grant police protection. (IX) It is made clear that at the end of the survey exercise, survey stones alone can be installed.
survey and demarcation undertaken pursuant to the direction of this Court can never result in dispossession of any party. If the petitioner wants to put up fencing and if there is any objection from any private party, fencing can be put up only after the petitioner obtains decree from the jurisdictional Civil Court. (X) The survey authority will conclude the entire exercise one way or the other within a period of six weeks after service of notice on the interested persons.
(XI) A copy of the survey report along with sketch will be served on the parties.
5. With the aforesaid directions, the Writ Petition stands disposed of. No costs.
11.12.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No Cm 6/8
TO
1. The District Collector, Trichy District, Trichy..
2. The Tahsildar, Srirangam Taluk, Trichy District..
3. The Head Surveyor,, Taluk Office, Srirangam Taluk, Trichy District..
4. The Surveyor,, Taluk Office, Srirangam Taluk, Trichy District 7/8
N.MALA,J CM
ORDER
IN WP(MD) No.29842 of 2024 Date : 11/12/2024 8/8