Madras High Court
P.Suganeswaran vs The District Collector on 2 December, 2021
Author: S.M. Subramaniam
Bench: S.M. Subramaniam
W.P.No.31847 of 2003
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.12.2021
CORAM :
THE HONOURABLE MR. JUSTICE S.M. SUBRAMANIAM
W.P.No.31847 of 2003
P.Suganeswaran. ... Petitioner
Vs.
1.The District Collector,
Namakkal District.
2.The District Revenue Officer
Namakkal.
3.The Tahsildar,
Rasipuram.
4.Thangavelu ...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus directing the respondents 1
to 3 to consider the petitioner's representation dated 24.09.2013 and
pass orders on the same in accordance with law within a stipulated
period.
For Petitioner : Mr. S.Sounthar
For Respondents 1 to 3 : Mr.C.Satish
Government Advocate
For Respondent 4 : Mr.A.S.Palanisamy
https://www.mhc.tn.gov.in/judis
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W.P.No.31847 of 2003
ORDER
The present Writ Petition is filed to direct the respondents 1 to 3 to consider the petitioner's representation dated 24.09.2013. The grievances of the Writ Petitioner is that patta has to be granted in respect of the Vinayagar Temple constructed by his forefathers.
2. The counter filed by the respondents reveal that the said property is a Government Paramboke land and paragraph nos.4 and 5 of the said counter reveals the following facts:-
4) The respondents further submit that Namagiripettai village in Rasipuram Taluk is a big village and a trade centre and also a Town Panchayat. Among the various community if people residing in Namagiripettai village, a cluster of people belonging to Kannada Saineegar Community numbering about 224 families are https://www.mhc.tn.gov.in/judis residing. There is a Pillayar Temple in the Natham Page 2 of 5 W.P.No.31847 of 2003 Survey No.369/31 with an extent 0.1675.0 under the name and style Sri Selva Ganapathy Temple. The said land is classified as Poramboke in the village records.
5) The respondents further submits that the Writ Petitioner was called for enquiry and during the said enquiry, he has stated that the temple is being managed by the Associations viz., Namagiripettai Sri Someswara Kannada Samugha Sangam consisting of 224 families about 14 decades and further states that electricity connection came to be obtained in the name of the temple about 65 years back and important festivals such as Sivarathiri, Thai Festival, Vinayakar Chathurthi, Gown Viradham and Panguni Uthiram and other marriage rites were also being conducted and sought for issuance of patta in the name of the temple.
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3. In view of the above facts and circumstances, the direction as if sought for need not to be considered by this Court, more so, after this length of time. As far as Government Paramboke lands are concerned the petitioner cannot claim any right.
Accordingly, the Writ Petition stands dismissed. No costs.
02.12.2021 shr/kan Internet : Yes Index : Yes / No Speaking order / Nonspeaking order To
1.The District Collector, Namakkal District.
2.The District Revenue Officer Namakkal.
3.The Tahsildar, Rasipuram.
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