Writ petition filed to remove encroachment by a fit person temple and direct mutation of patta for temple lands in two villages. Court noted encroachment already removed and patta application pending.
No order as to costs; directions given to Revenue Officer to decide on patta application on or before 31.12.2024.
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W.P.(MD) No.25848 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.10.2024
CORAM:
THE HONOURABLE MR.K.R.SHRIRAM, CHIEF JUSTICE and THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ
W.P.(MD) No.25848 of 2024
Thaenrajan
... Petitioner
-vs-
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W.P.(MD) No.25848 of 2024
5.The Tahsildar Kariyapatti Taluk Virudhunagar District
6.The Fit Person Pudhumaiudaya Ayyanar and Karuppasamy Thirukoil Aviyur Virudhunagar District
7.Palani ... Respondents
PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of mandamus directing the respondents 1 to 6 to remove the encroachment made by the seventh respondent and consequently issue direction to the revenue officials to mutate the Patta for the lands in S.No.82/4 in Aviyur Village and S.No.126/2 in Arasankulam Village in the name of “Puthumaiudaya Ayyanar and Karuppasamy Temple” within a time stipulated by this Court.
For Petitioner : Mr.S.Bala Karthick
For Respondents : Mr.P.T.Thiraviyam Government Advocate for R1 to 5
O R D E R
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W.P.(MD) No.25848 of 2024
[Order of the Court was made by The Hon'ble CHIEF JUSTICE]
Relief sought in the petition is in two parts. The first part is for a writ of mandamus to direct respondent Nos.1 to 6 to remove the encroachment made by respondent No.7 and the second part is to direct the revenue officials to mutate the patta for the lands in the name of Puthumaiudaya Ayyanar and Karuppasamy Temple.
2. As regards the first part, i.e., removal of encroachment by respondent No.7, Shri P.T.Thiraviam appearing for respondent Nos. 1 to 5 states that subsequent to the order dated 29.02.2024, passed by this Court in W.P. (MD) No.4697 of 2024, the encroachment has been removed. Counsel makes this statement on instructions from respondent No.5 – the Thasildar and as on date, there is no encroachment. Statement is accepted.
3. As regards the second part i.e., grant of patta to the said temple, Shri.P.T.Thiraviam states that respondent No.4 has already applied to respondent No.3 for grant of patta to the said temple and that application is
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W.P.(MD) No.25848 of 2024
under consideration. Counsel states that respondent No.3 shall take a decision
and pass order after following due process, on or before 31st December, 2024.
4. Writ petition is disposed of. There shall be no order as to costs.
[K.R.SHRIRAM., C.J.] [MOHAMMED SHAFFIQ ,
J.]
28.10.2024
NCC : Yes / No Index : Yes / No krk
To: 1.The District Collector, Virudhunagar District, Virudhunagar.
2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.
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W.P.(MD) No.25848 of 2024
Virudhunagar.
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W.P.(MD) No.25848 of 2024
THE HON'BLE CHIEF JUSTICE and MOHAMMED SHAFFIQ, J.
krk
W.P.(MD) No.25848 of 2024
28.10.2024
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Thaenrajan
District Collector, Virudhunagar
Joint Commissioner, HR & CE, Madurai
District Revenue Officer, Virudhunagar
Assistant Commissioner, HR & CE, Virudhunagar
Tahsildar, Kariyapatti
K.R. Shriram
Mohammed Shaffiq
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
