Madras High Court
M.Aathi Narayanan @ Ramkumar vs The District Collector on 4 November, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P(MD)No.7837 of 2018
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.11.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P(MD)No.7837 of 2018
M.Aathi Narayanan @ Ramkumar ... Petitioner
Vs
1.The District Collector,
Tirunelveli District,
Tirunelveli.
2.The Revenue Divisional Officer,
Seranmahadevi,
Tirunelveli District.
3.The Thasildar,
Radhapuram Taluk,
Tirunelveli District.
4.The Superintendent of Police,
Tirunelveli District,
Tirunelveli.
5.The Inspector of Police,
Tisaiyanvilai Police Station,
Tirunelveli District.
6.V.M.Sudalai Mani
7.V.M.S.Raja Murugan
8.G.Grace Prema ... Respondents
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Mandamus, directing the respondents 1 to 5
to safeguard the monuments/graveyard situates in S.No.344,
https://www.mhc.tn.gov.in/judis
1/6
W.P(MD)No.7837 of 2018
Tisaiyanvilai Village, Radhapuram Taluk and Tirunelveli District and
also to ensure the religious sentiment of worshipping the
petitioner's ancestors by considering his representation, dated
28.02.2018.
For Petitioner : Mr.R.Balakrishnan
For RR 1 to 5 : Mr.S.Shanmugavel
Additional Government Pleader
For RR 6 to 8 : Mr.M.P.Senthil
ORDER
This Writ Petition has been filed for a direction, directing the respondents 1 to 5 to safeguard the monuments/graveyard situates in the land comprised in Survey No.344, Tisaiyanvilai Village, Radhapuram Taluk, Tirunelveli District.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court.
3.The petitioner's ancestors were buried in the graveyard comprised in Survey No.344, Tisaiyanvilai Village, Radhapuram Taluk, Tirunelveli District. However, the respondents https://www.mhc.tn.gov.in/judis 2/6 W.P(MD)No.7837 of 2018 6 to 8 claim to be the owner of the said property and attempted to demolish the monuments which were constructed for the petitioner's ancestors. There are more than 10 monuments situated in the said property. Every year, the petitioner and his family members are worshipping the monuments. While being so, the respondents 6 to 8 attempted to grab the graveyard claiming title to the said property.
4.Mr.S.Shanmugavel, learned Additional Government Pleader appearing for the respondents 1 to 5, on instructions, would submit that on verification of revenue records, the subject land comprised in Survey No.344/1A admeasuring 1.04.08 hectares under patta No.3988 belongs to P.Saroja, Alwin, Sudalaimani Nadar, Dhanasekaran and Grace Prema ie., the respondents 6 & 8 herein and others.
5.That apart, while pending the Writ Petition, one of the owners of the said property filed a suit in O.S.No.173 of 2019 on the file of the District Munsif cum Judicial Magistrate, Radhapuram, Tirunelveli District. Though it was dismissed for default on 10.08.2023, the issue in this Writ Petition is civil in nature ie., title https://www.mhc.tn.gov.in/judis 3/6 W.P(MD)No.7837 of 2018 dispute. Therefore, the respondents 1 to 5 have no say in the civil dispute between the petitioner and the respondents 6 to 8 herein. Hence, the representation submitted by the petitioner, dated 28.02.2018 cannot be considered. Therefore, the Writ Petition itself is devoid of merits and the same is liable to be dismissed.
6.Accordingly, the Writ Petition is dismissed. However, the petitioner is at liberty to file a suit as against the respondents 6 to 8 in the manner known to law, if so advised. There shall be no order as to costs.
04.11.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes
ps
https://www.mhc.tn.gov.in/judis 4/6 W.P(MD)No.7837 of 2018 To
1.The District Collector, Tirunelveli District, Tirunelveli.
2.The Revenue Divisional Officer, Seranmahadevi, Tirunelveli District.
3.The Thasildar, Radhapuram Taluk, Tirunelveli District.
4.The Superintendent of Police, Tirunelveli District, Tirunelveli.
5.The Inspector of Police, Tisaiyanvilai Police Station, Tirunelveli District.
https://www.mhc.tn.gov.in/judis 5/6 W.P(MD)No.7837 of 2018 G.K.ILANTHIRAIYAN, J.
ps Order made in W.P(MD)No.7837 of 2018 04.11.2024 https://www.mhc.tn.gov.in/judis 6/6