Sengunthar Magajana Sangam Vs N.Karunanidhi

For Appellant(s): Mr.P.Valliappan Senior Counsel For Mr. K.M.Hareesh For M/s.PV Law Associates For Respondent(s): Mr.V.Manohar For Mr.T.Balachandran For R1 Mr.N.R.R.Arun Natarajan Special Government Pleader [For HR&CE] For R2 to R4 Mr.T.Arun Kumar Additional Government Pleader For R5

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https://www.mhc.tn.gov.in/judis

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WA No. 2754 of 2025

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J U D G M E N T

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(Judgment was delivered by S.M.Subramaniam J.)

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The present Intra-Court Appeal has been instituted challenging the writ

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order dated 17.12.2024 in W.P.No.35808 of 2024. The appellant is the 5th

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respondent in the writ petition.

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The learned Senior Counsel appearing on behalf of the appellant

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would contend that impugned writ order has been passed at admission stage,

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directing the 5th respondent/Tahsildar to issue notice to appellant, 1st

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respondent and to Hindu Religious and Charitable Endowments Department

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and thereafter conduct an inquiry and pass a speaking order. Application has

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been filed before Revenue Authority seeking cancellation of patta.

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Adjudication to grant or cancel patta is to be undertaken by Revenue Authority

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under the Tamil Nadu Patta Pass Book Act, 1983 and the High Court cannot

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conduct a roving inquiry.

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Appellant would further contend that petitioner earlier filed two writ

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petitions in W.P.No.3965 of 2018 and W.P.No.32852 of 2022. As far as the first

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WA No. 2754 of 2025

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writ petition in W.P.No.3965 of 2018 is concerned, prayer is not akin to that of

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the prayer sought for in the present writ appeal. Another writ petition in

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W.P.No.32852 of 2022 is filed in connection with the same property and it was

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was dismissed. However, liberty was granted to the 1st respondent herein to

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workout his remedy in the manner known to law.

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May that as it be, fact remains that Inspector of Hindu Religious and

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Charitable Endowments Department, Sankarapuram, has already submitted

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an application before Tahsildar, Sankarapuram on the ground that subject property belongs to temple, and an inquiry notice has also been issued pursuant to the directions issued by the impugned writ order. Tahsildar has initiated action to conduct inquiry on 05.06.2025. However, due to the pendency of present writ appeal no final order has been passed.

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