Madras High Court
Sri Vembuli Amman Temple vs The District Collector on 28 July, 2022
Author: N. Anand Venkatesh
Bench: N. Anand Venkatesh
W.P.No. 7401 of 2015
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 28.07.2022
CORAM:
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH
W.P.No. 7401 of 2015
Sri Vembuli Amman Temple
Arumuga Naicker Estate Trust,
rep. by its Trustee E. Venugopal,
New No.32, Old No.47, Jambuli Street,
Kodungaiyur, Chennai 600 118 ... Petitioner
vs
1. The District Collector
Rajaji Salai, Singaravela Maaligai
Chennai District Collector Office,
Chennai 600 001.
2. The Deputy Revenue Officer
Perambur Taluk Office, (near Perambur
Railway Station)
Perambur, Chennai.
3. The Tahsildar
Perambur Taluk Office, (near Perambur
Railway Station)
Perambur, Chennai.
4. Chennai Jambuli Gramam
Vembuli Amman Trust
Rep. by its Secretary P.Baskar
S/o. Pandurangan, Heema Apartments,
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W.P.No. 7401 of 2015
Arul Nagar Road, Near MRL Colony
Kodungaiyur, Chennai 600 118.
5. Chennai Jambuli Gramam
Vembuli Amman Trust
Rep. by its President K. Gopalakrishnan
S/o. Kannaiyanaicket, Heema Apartments,
Arul Nagar Road, Near MRL Colony
Kodungaiyur, Chennai 600 118. ...Respondents
R4 & R5 are impleaded as per order dated 27.03.2015
in M.P. No.1/2015 in W.P. No.7401/2015.
Prayer : Writ Petition filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus or order or direction in the nature of
writ directing the respondents to consider the petitioner's representation
dated 27.01.2015 on merits expeditiously.
For Petitioner : Mr. P. Rajkumar Pandian
For R1 to R3 : Mr.U. Baranidharan
Additional Government Pleader.
ORDER
This Writ Petition was filed for the issue of Writ of Mandamus directing the respondents to dispose of the representation dated 27.01.2015 made by the petitioner Trust seeking for the cancellation of patta issued in favour of the respondents 4 and 5.
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2. Heard Mr. P. Rajkumar Pandian, learned counsel appearing on behalf of the petitioner and Mr. U. Baranidharan, learned Additional Government Pleader appearing on behalf of the respondents 1 to 3.
3. The learned Additional Government Pleader appearing on behalf of the respondents 1 to 3 produced the proceedings of the 3rd respondent dated 25.05.2015. On carefully going through the proceedings, it is seen that the representation made by the petitioner on 27.01.2015 was acted upon and an enquiry was conducted and a recommendation was made to the District Revenue Officer for cancellation and for restoration of the original entries in the revenue records with respect to the subject properties. Therefore, technically nothing survives in this Writ Petition since the representation has already been considered.
4. The learned Additional Government Pleader further submitted that when the above proceedings were issued on 25.05.2015, O.S. No.3941/2011 that was filed by the petitioner was pending before the XV Assistant City Civil Court, Chennai. This suit came to be partly decreed through a 3/6 https://www.mhc.tn.gov.in/judis W.P.No. 7401 of 2015 judgment and decree dated 05.04.2018. The said judgment was also produced before this Court.
5. In view of the above development, it will be left open to the petitioner to make a fresh representation to the concerned RDO and mark a copy to the 3rd respondent and request for passing fresh orders in the light of the judgment passed by the Civil Court in O.S. No.3941/2011.
This Writ Petition is disposed of accordingly. No costs.
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1. The District Collector Rajaji Salai, Singaravela Maaligai Chennai District Collector Office, Chennai 600 001.
2. The Deputy Revenue Officer Perambur Taluk Office, (near Perambur Railway Station) Perambur, Chennai.
3. The Tahsildar Perambur Taluk Office, (near Perambur Railway Station) Perambur, Chennai.
4. Chennai Jambuli Gramam Vembuli Amman Trust Rep. by its Secretary P.Baskar S/o. Pandurangan, Heema Apartments, Arul Nagar Road, Near MRL Colony Kodungaiyur, Chennai 600 118.
5. Chennai Jambuli Gramam Vembuli Amman Trust Rep. by its President K. Gopalakrishnan S/o. Kannaiyanaicket, Heema Apartments, Arul Nagar Road, Near MRL Colony Kodungaiyur, Chennai 600 118.
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