Dismissed

Mani @ M.Sundarajan, President v. Union of India

Madras HC3 Mar 2022WP/4271/2017

Case brief

AI extract

What is this about?

A writ petition filed by a temple trustee seeking a direction for prosecution of an individual who allegedly sold property acquired by the Government of Puducherry, despite a prior decree in his favour, was closed as the Government had already initiated action.

What did the court decide?

The writ petition was closed with no costs, as the Government of Puducherry had already initiated action against the respondent.

Mani @ M.Sundarajan, President Vs Union of India — Property and Title | Madras HC (2022)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED : 03.03.2022

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CORAM THE HONOURABLE MR. JUSTICE V.BHARATHIDASAN W.P. NO.4271 OF 2017

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Mani @ M. Sundarajan, President, Board of Trustees of Sri Siddhi Vinayagar Sri Sivasubramaniar Swamy Devasthanam, Pethuchettipet, 76, Vel Koil St., Lawspet Post, Puducherry-605 008. ... Petitioner

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Versus

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Union of India, rep. by the Secretary to Government, (Revenue), Govt. of Puducherry, Union Territory of Puducherry, Chief Secretariat, Puducherry.

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The Collector, Pondicherry Region, The Government of Puducherry, Puducherry. 3. The Sub-Collector (Revenue), Dept. of Revenue (North), Government of Puducherry, Puducherry. 4. The Director of School Education, Directorate of School Education, Government of Puducherry, Anna Nagar, Puducherry.

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V.K.Pandian, S/o. Late Kathirvelu @ Vazhmuni ... Respondents

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

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PRAYER :

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Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of a Writ of Mandamus, directing the respondents 1 to 4 herein to initiate legal action by prosecution as against the 5^th respondent herein as undertaken in terms of the intimation given to the petitioner under proceedings No.6071/SCRN/PP/2009 dated 17.09.2009 by the third respondent and receive the property comprised in R.S.No.110/10-A situated at Pethuchettipet, Lawspet Post, Puducherry region, Puducherry.

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For Petitioner : Mr.R.Natarajan

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For Respondents : Mr.V.P.Chamuraj, for M/s.V.Usha,

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Addl. Govt. Pleader (Pondy.) R1 to R4

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Mr. A.R.Suresh for R5

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O R D E R

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This Writ Petition has been filed seeking a direction directing the respondents 1 to 4 to take action against 5^th respondent for having sold the land, which was acquired by the respondents 1 to 4, Government of Puducherry.

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The grievance of the petitioner is that, earlier, there was a title dispute between petitioner temple and 5^th respondent. Subsequently, even though the decree was passed in favour of 5^th respondent, the lands were acquired by the Government of Puducherry and the possession was also taken by the Government. Despite the same, the 5^th respondent sold the property in favour of third party. Hence, he has made a representation to the 1^st respondent to take action against the 5^th respondent, that was not considered by the respondents 1 to 4. Hence, the present Writ Petition has been filed seeking a direction.

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Mr.A.R.Ramesh, learned counsel appearing for 5^th respondent would submit that, as per the decree passed by the civil court, he is owner of the property and that apart, he has sold only the remaining extent of land, which was not acquired by the Government.

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The 3^rd respondent filed a counter affidavit stating that, the 4^th respondent already filed a police complaint against the 5^th respondent before the Lawspet Police Station, Puducherry and the same is pending.

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

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Heard and considered rival submissions made by learned

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counsel appearing for both sides and perused the records.

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Considering the fact that, already the Government of

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Puducherry has initiated action against the 5^th respondent, no further adjudication is required in this Writ Petition. Accordingly, this Writ Petition stands closed. No costs.

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Sd/-

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Assistant Registrar(CS VIII)

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//True Copy//

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Sub Assistant Registrar

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rpp

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The Secretary to Government, Union of India,

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(Revenue), Govt. of Puducherry, Union Territory of Puducherry, Chief Secretariat, Puducherry.

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The Collector, Pondicherry Region,

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The Government of Puducherry, Puducherry.

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The Sub-Collector (Revenue), Dept. of Revenue (North), Government of Puducherry, Puducherry.

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The Director of School Education, Directorate of School Education,

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Government of Puducherry, Anna Nagar, Puducherry.

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+1cc to Mr.R.Natarajan, Advocate, S.R.No.14368

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+1cc to Mr.A.R.Suresh, Advocate, S.R.No.14087 +1cc to the Government Pleader, S.R.No.14486

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W.P.No.4271 of 2017

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PMK(CO) PM/08/04/2022

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

Mani @ M.Sundarajan, President v. Union of India

Case brief

What is this about?

What did the court decide?

Mani @ M.Sundarajan, President v. Union of India

Case brief

What is this about?

What did the court decide?

What the court decided

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