In this writ petition challenging an order rejecting an application to remove encroachment on temple land, the Court noted the existence of a factual dispute regarding ownership. It held that the الأدنى order was in order and parties must seek civil court remedies.
Writ petition dismissed; no costs; connected W.M.P.Nos.4193 and 4194 of 2018 closed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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W.P.No.3421/2018
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :: 12-07-2023
CORAM
THE HONOURABLE MR.JUSTICE S.VAIDYANATHAN
AND
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.P.No.3421 of 2018
A.Arumugam ... Petitioner
-vs-
1.The District Collector, Office of the District Collector, Vazhuthavur Road, Puducherry.
4.The Commissioner, Hindu Religious Institutions, No.25, Lauristan Street, Puducherry.
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W.P.No.3421/2018
6.V.Selvam
Respondents
Petition under Article 226 of the Constitution of India, praying for issuance of a Writ of Certiorarified Mandamus to call for the records relating to Order No.6845/DCRS/PP/A5/2017, dated 11.01.2018, passed by the second respondent and quash the same and consequently direct the respondents 1 to 5 to remove the encroachment made by the sixth respondent in land comprised in RS No.10/16 of Vambupet Village, Puducherry.
For Petitioner : Mr.K.Sasindran
For Respondents 1 to 5 : Mr.V.Vasanthakumar, Addl.Govt.Pleader (Puducherry).
ORDER
(By S.Vaidyanathan,J .)
Petitioner has come forward with this Writ Petition, stating that patta land belonging to Mariamman Koil in R.S.No.10/16, measuring an extent of 00.16.32 Ha., in Vambupet Village, Puducherry, has been encroached by the sixth respondent, for which he made an application to the first respondent on 27.07.2017 for removal of the said encroachment, pursuant to which, an inspection was conducted, and, after hearing the parties, by the order impugned, dated 11.01.2018, the second respondent has passed an order, rejecting the request of the petitioner.
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W.P.No.3421/2018
Tahsildar has admitted that the land belongs to Mariamman Temple.
previously a Natham Poramboke and the same was converted in the name of the present Trustee of Mariamman Koil during Natham Survey after the year 1980. It is further seen that the Trustees of Mariamman Koil also admitted that the disputed land was under the possession of the family members of the sixth respondent, namely, Thiru V.Selvam for the past three decades. Since there was a dispute and that the ownership would not be ascertained, the second respondent has passed the impugned order, advising the Trustees of the Temple to approach the Civil Court for appropriate remedy and Thiru V.Selvam to approach the Settlement Officer to get the Settlement Register corrected in his name in terms of Section 23 (1) of the Pondicherry Settlement Act,1970, if he has documentary evidence.
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W.P.No.3421/2018
W.M.P.Nos.4193 and 4194 of 2018 are closed.
Index : Yes/No Internet : Yes/No dixit
(S.V.N.,J.) (K.R.S.,J.) 12-07-2023
To
1.The District Collector, Office of the District Collector, Vazhuthavur Road, Puducherry.
2.The Deputy Collector (Revenue)/South, Villianur, Puducherry.
3.The Tahsildar, Taluk Office, Villianur, Puducherry.
4.The Commissioner, Hindu Religious Institutions, No.25, Lauristan Street, Puducherry.
5.The Director, Directorate of Survey and Land Records, Puducherry.
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W.P.No.3421/2018
S.VAIDYANATHAN,J. AND K.RAJASEKAR,J.
dixit
W.A.No.3421 of 2018
12-07-2023
2 issues framed by the court
Whether a writ of certiorari can be issued to quash an order rejecting an application for removal of encroachment on disputed temple land when ownership is uncertain.
Whether the appropriate remedy for parties aggrieved by an order concerning land ownership dispute lies in the Civil Court rather than in the Writ Petition.
2 provisions across 2 enactments
A. Arumugam
District Collector, Puducherry
Deputy Collector (Revenue)/South, Villianur
Tahsildar, Villianur
Commissioner, Hindu Religious Institutions, Puducherry
Director, Directorate of Survey and Land Records, Puducherry
S. Vaidyanathan
K. Rajasekar
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
