Allowed

Arulmigu Chockanachiamman v. The Commissioner of Land

Madras HC26 Aug 2021WP/2760/2017

Case brief

AI extract

What is this about?

A writ petition challenging the inaction of revenue authorities in surveying temple land. The Court directed the Assistant Director, Survey and Settlements, and the Tahsildar to conduct the survey of Survey No.226/1A within eight weeks and directed police to provide necessary protection during the survey.

What did the court decide?

Writ Petition allowed; Respondents 6 and 7 directed to survey the petitioner's temple land within eight weeks; jurisdictional police directed to provide protection upon request.

Arulmigu Chockanachiamman Vs The Commissioner… — Public Procurement and Tenders | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 26.08.2021

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CORAM:

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THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN

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W.P.NO.2760 OF 2017

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Arulmigu Chockanachiamman Temple, Thevoor, Rep. by its fit person N.Sivakumar, Sankari Taluk, Salem District. ... Petitioner

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Vs.

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The Commissioner of Land Administration, Chepauk, Chennai 600 005. 2. The Commissioner of Survey, Chepauk, Chennai-600 005. 3. The District Collector, Salem District, Salem.

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The Sub-Divisional Executive Magistrate/ Revenue Divisional Officer, Sankari, Salem District. 5. The Deputy Inspector General of Police, Salem Range, Salem 636 007. 6. The Assistant Director, Survey and Settlements, Salem 636 001. 7. The Tahsildar, Sankari Taluk, Salem District. 8. Thiru.A.Radhakrishnan, Founder & President, Thiruthondargal Saba, 36, Sri Ram Nagar Colony, Chennai 600 113. ... Respondents

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https://hcservices.ecourts.gov.in/hcservices/

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PRAYER: Writ Petition filed under Article 226 of Constitution of India, seeking Writ of Mandamus, directing the respondents 6 & 7 to survey the petitioner temple land in Survey No.226/1A situated at Thevoor Village, Sankari Taluk, Salem District on the basis of Chalan No.12 dated 14.12.2016 and petitioner's representation dated 15.12.2016 respectively.

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For Petitioner : Mr.R.Marudhachalamurthy For RR1 to 7 : Mr.M.R.Gokulkrishnan Government Advocate. For R8 : Mr.A.Radhakrishnan Party-in-person

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ORDER

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This writ petition has been filed seeking direction to the 6^th and 7^th respondents to survey the petitioner temple land in Survey No.226/1A situated at Thevoor Village, Sankari Taluk, Salem District.

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2.In this regard, the petitioner already made representations on 14.12.2016 and 15.12.2016. The petitioner also paid requisite fees to survey the land. On receipt of the same, by communication dated 15.12.2016, the 7^th respondent herein directed the Revenue Inspector and Surveyour to make a field inspetion and report. That apart, the 8^th respondent herein approached the Chief Minister's Cell of the State of Tamil Nadu, by representation dated 23.08.2016 to take appropriate action to secure the temple lands and accordingly it was forwarded for appropriate directions to the 3^rd respondent herein. Thereafter, the 3^rd respondent conducted enquiry and directed the authorities concerned to conduct survey of the temple lands and submit detailed report by his proceedings dated 28.05.2015.

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3.On perusal of the proceedings dated 28.05.2015, reveals that the 3^rd respondent had directed all the temple authorities in the Salem District to submit the classification of lands belonging to the temple and also directed to submit the details as given below:

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@nfhapy; g[wk;nghf;F@ tifg;ghLila epy';fs; Fwpj;J rkh;g;gpf;fg;gl ntz;oa tptu';fs;/ 1/g[y vz; kw;Wk; cl;gphpt[. 2/e";ir- g[";ir. 3/tp!;jPuzk;. 4/bjhlh;g[ila jpUf;nfhapypd; tptuk;. 5/jpUf;nfhapy; miktpl gug;gst[. Rw;Wg;g[w gug;gst[ kw;Wk; mjpYs;s fhypaplk;.

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https://hcservices.ecourts.gov.in/hcservices/

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6/fl;Lkhd';fs; tptuk; (gug;gst[ld;). 7/Mf;fpukpg;g[fspd; tptuk; (gug;gst[ld;). 8/Mf;fpukpg;g[jhuh;fspd; tptuk;. 9/Mf;fpukpg;g[fspd; fle;j fhy mst[. 10/Mf;fpukpg;g[fis mfw;w nkw; bfhs;sg;gl;l eltof;iffspd; tptuk;.

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11/muR Jiwr;rhh;e;j Mf;fpukpg;g[fspd; tptuk;.

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12/midj;J tif tHf;Ffspd; tptuk; (ehs;- vz;- vjph;thJiu jhf;fy; bra;ag;gl;l ehs;- jPh;g;g[iu nky; KiwaPL-jw;nghija epiy tptuk;).

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13/,ju midj;J tptu';fs;/@ “

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4.On the basis of the above direction issued by the 3^rd respondent, the petitioner Temple requested the 7^th respondent to survey the lands comprised in Survey No.226/1A at Thevoor Village, Sankari Taluk, Salem District. The 7^th respondent viz.,The Tahsildar, Sankari Taluk, Salem District, directed the Revenue Inspector and Surveyor of Thevoor Village to conduct both inspetion and survey the temple land and submit a report. Thereafter, the officials concerned did not take any steps to survey the lands of the petitioner Temple. Therefore, this Court deems fit to direct the 6^th and 7^th respondents to survey the petitioner Temple land in Survey No.226/1A situated at Thevoor Village, Sankari Taluk, Salem District. The entire process shall be completed within a period of eight weeks from the date of receipt of copy of this order.

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5.If the 6^th and 7^th respondent finds any difficulty while surveying the said lands, they can seek for necessary police protection from the jurisdictional police. On receipt of such request, the jurisdictional Police is directed to provide necessary police protection to the 6^th and 7^th respondents to survey the petitioner's land.

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6.Accordingly, the Writ Petition is allowed. No costs.

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Sd/-

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Assistant Registrar(CO)

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//True Copy//

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Sub Assistant Registrar

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https://hcservices.ecourts.gov.in/hcservices/

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To 1. The Commissioner of Land Administration, Chepauk, Chennai 600 005. 2. The Commissioner of Survey, Chepauk, Chennai-600 005. 3. The District Collector, Salem District, Salem. 4. The Sub-Divisional Executive Magistrate/ Revenue Divisional Officer, Sankari, Salem District. 5. The Deputy Inspector General of Police, Salem Range, Salem 636 007. 6. The Assistant Director, Survey and Settlements, Salem 636 001. 7. The Tahsildar, Sankari Taluk, Salem District. +3cc to Mr.R.Marudhachalamurthy, Advocate, S.R.No.43202 +1cc to the Government Pleader, S.R.No.43407

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W.P.No.2760 of 2017 KSM(CO) CS/16/09/2021

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https://hcservices.ecourts.gov.in/hcservices/

Arulmigu Chockanachiamman v. The Commissioner of Land

Case brief

What is this about?

What did the court decide?

Arulmigu Chockanachiamman v. The Commissioner of Land

Case brief

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What did the court decide?

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