Madras High CourtWP(MD)/28271/2023disposed of

Sithalingam.V v. The Revenue Divisional Officer

2023-11-30Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.11.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN V.Sithalingam ... Petitioner Vs.

1.The Revenue Divisional Officer, 2.The Tahsildar, ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents (1) to include the Sri Sithanathaswamy Samedha Sri Angala Parameswari Amman Temple Nandavanam land, in one Survey Number which land has been included now in S.Nos.344/10-A (Full), 344/11A (Full) and 344/10-B (Part), Musiri (West) Village, Musiri Taluk, Trichirappalli District (2) to include the lands under the enjoyment of 1/4

Temple lying within the Temple premises in one Survey number, which has been included now in S.Nos. 346/1 (Part) and in 346/12 (Part) and

(3) to issue patta in respect of the above newly created Survey Numbers and also in respect of Temple land in S.No346/2, which land is lying on the southern side of the Temple Wall, in the name of "Sri Sithanathaswamy Samedha Sri Angala Parameswari Amman Temple Managing Committee", based on the Judgment of the District Munsif, Musiri in O.S.No.72/1988 dated 16.09.1990 and the same was confirmed by the High Court, Madras in S.A.No.392/1992 dated 15.03.2002, within the stipulated time fixed by this Court.

For Petitioner : Mr.V.Karthikeyan For Respondents : Mr.M.Prakash Additional Government Pleader

ORDER

Heard both sides.

2.The petitioner is the President / managing trustee of a temple. The temple had earlier filed O.S.No.72 of 1988 on the file of District Munsif Court, Musiri seeking relief of permanent injunction. The suit was decreed. Though the first appellate Court reversed the same, the petitioner filed S.A.No.397 of 1992. On 15.03.2022, the second appeal was allowed, and the decree passed by the trial Court was restored. As of 2/4

now, patta is not standing in the name of the petitioner temple. Therefore, the petitioner has given an application before the second respondent for issuance of patta.

3.The second respondent shall consider the petitioner's request, hold enquiry and pass final order on merits and in accordance with law within a period of ten weeks from the date of receipt of a copy of this order.

4.This writ petition is disposed of accordingly. There shall be no order as to costs.

30.11.2023 NCC : Yes/No Index : Yes / No Internet : Yes/ No MGA To 1.The Revenue Divisional Officer, 3/4

G.R.SWAMINATHAN, J.

MGA 2.The Tahsildar, 30.11.2023 4/4