Writ petition filed under Article 226 for transfer of patta to a temple property was dismissed as withdrawn. The petitioner was granted liberty to challenge subsequent patta issuance, and authorities were directed to expedite pending appeals.
Writ petition dismissed as withdrawn with liberty to the Temple representative to challenge the patta issue.
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W.P(MD)No.15250 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 26.08.2021
CORAM:
THE HONOURABLE MR.JUSTICE M.DURAISWAMY AND
THE HONOURABLE MR.JUSTICE K.MURALI SHANKAR
W.P(MD)No.15250 of 2021
N.Jeyaraman ... Petitioner
2.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Srirengam, Trichy.
3.The Revenue Divisional Officer, Iluppoor Division, Pudukkottai District.
4.The Tahsildar, Ponnamaravathi Taluk, Pudukkottai District.
5.The Inspector, Hindu Religious and Charitable Endowment, Pudukkottai.
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1, 3 and 4 to consider the representation of the petitioner dated 12.04.2021 seeking to transfer the patta in the name Arulmigu Boominathaswamy Thirukovil in accordance with law within the time stipulated by this Court.
For Petitioner : Mr.Babu Rajendran For RR 1 to 5 : Mr.B.Saravanan Government Advocate
ORDER
(Order of the Court was made by M.DURAISWAMY,J. )
Mr.Babu Rajendran, learned counsel appearing for the petitioner seeks the permission of this Court to withdraw the Writ Petition https://hcservices.ecourts.gov.in/hcservices/
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W.P(MD)No.15250 of 2021
with liberty to the representative of the Temple to challenge the patta issue in favour of the private parties as per the provisions of the Patta Passbook Act.
2.Mr.B.Saravanan, learned Government Advocate appearing for the respondents 1 to 5 has no objection for granting such liberty.
3.In view of the submissions made by the learned counsel on either side, the Writ Petition is dismissed as withdrawn. It is open to the representative of the Temple to file an appeal challenging the patta issued in favour of the private parties as per the provisions of the Patta Passbook Act. In the event of the appeal being filed before the Appellate Authority, the Authority shall dispose of the same as expeditiously as possible. No costs.
ps
Note : In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate / litigant concerned.
To
1.The District Collector, Pudukkottai District, Pudukkottai.
2.The Assistant Commissioner,
Hindu Religious and Charitable Endowment, Srirengam, Trichy.
3.The Revenue Divisional Officer, Iluppoor Division, Pudukkottai District.
4.The Tahsildar, Ponnamaravathi Taluk,Pudukkottai District.
5.The Inspector,
Hindu Religious and Charitable Endowment, Pudukkottai.
+1 CC to M/s.BABU RAJENDRAN, Advocate (SR-27540[F]dated 27/08/2021 ) +1 CC to M/s.GP ( SR-27618[F] dated 31/08/2021 )
W.P(MD)No.15250 of 2021 26.08.2021
RD(6.09.2021) 2P 8C
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1 issue framed by the court
Whether the writ petition seeking transfer of patta be admitted or dismissed.
2 provisions across 2 enactments
N.Jeyaraman
District Collector, Pudukkottai District
Assistant Commissioner, Hindu Religious and Charitable Endowment
Revenue Divisional Officer, Iluppoor Division
Tahsildar, Ponnamaravathi Taluk
Inspector, Hindu Religious and Charitable Endowment
M.Duraismwamy
K.Murali Shankar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
