Madras High CourtWP(MD)/28761/2023disposed of

Sri Santhana Gopala Krishnan Temple Trust v. The District Collector

2024-03-05Honourable Mr Justice G.R.Swaminathan,Honourable Mr Justice B.Pugalendhi4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 05.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE B.PUGALENDHI Sri Santhana Gopala Krishnan Temple Trust, Represented by His Trustee V.Jeyadoss, S/o.Veeraragavan Nayakar, Trustee of Sri Santhana Gopala Krishnan Temple Trust, Kammuvar Madam, T.Kumaragiri, South Veerapandiyapuram Village, Thoothukudi District - 628 401.

... Petitioner Vs.

1.The District Collector.

2.The District Revenue Officer Cum Additional District Magistrate, 3.The Revenue Divisional Officer, 32A, Ettaiyapuram Road, Kovilpatti, 1/4

4.The Thasildar, ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the passing of the impugned order No.Na.Ka.D6/841726/2022 dated 25.07.2023, by the second respondent and quash the same and direct the second respondent to pass an order, granting patta and mutation of Revenue records relating to an extent 26.30 acres comprised in Old Survey No.140, New Survey No.146/1 and 146/2, excluding the portion relating to the Oorani irrigation purposes, therein situated in the village, namely, T.Kumaragiri, South Veerapandiyapuram Village, Ottapidaram Taluk, Thoothukudi District.

For Petitioner : Mr.S.Kadarkarai For Respondents : Mr.K.Balasubramani Special Government Pleader

ORDER

Heard both sides.

2.We are of the view that the issue raised in this writ petition has to be agitated only in a properly instituted suit. 2/4

3.Granting liberty to the petitioner to file a suit for declaration in respect of the petition mentioned property, this writ petition is disposed of. We make it clear that we have not gone into the merits of the matter. All the contentions of the petitioner are left open. There shall be no order as to costs. [G.R.S., J.] [B.P., J.] 05.03.2024 NCC : Yes / No Internet : Yes / No Index : Yes / No MGA To 1.The District Collector.

2.The District Revenue Officer Cum Additional District Magistrate, 3.The Revenue Divisional Officer, 32A, Ettaiyapuram Road, Kovilpatti, 4.The Thasildar, 3/4

G.R.SWAMINATHAN, J and B.PUGALENDHI, J.

MGA 05.03.2024 4/4