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Showing contexts for: THIRUVANNAMALAI in Kannada Veera Saiva Saineegar Sangam vs The State Of Tamilnadu on 20 November, 2004Matching Fragments
The petitioner Sangam seeks for a Mandamus to direct the respondents to assign the land in survey No.533 of an extent of 4 acres and 44 cents in Thiruvannamalai Town to the petitioner Sangam as per the decree of this Court in L.P.A.No.139 of 1988 dated 29.10.1997 within a period to be fixed by this Court.
2. According to the petitioner, the Sangam consists of members belonging to the Veera Saiva Saineegar who are residing in various parts of Tamil Nadu owning extensive properties both at Arni and at Thiruvannamalai. Of the various properties owned by the Sangam in Thiruvannamalai, one such property is called "Pelakothu Flower Garden" at Chengam Road, comprised in Survey Nos.1862, 1863, 533 and 534 of an extent of 0.74, 2.52, 4.44 and 1.50 cents respectively. Though the society was formed in the year 1927, the community members were in possession and enjoyment of the properties for more than 200 years. The property in question is situated immediately to the north of Ramanashram and some portions have been leased out to some of the inmates of the Ashram at their request at nominal rent for residential purposes.
3. In course of time, the individuals to whom portions of the property were let out, started disputing the title of the petitioner Sangam. The Government of Tamilnadu claimed that the property was shown as poramboke in the revenue records and thus disputed the right of the Sangam. The Sangam, therefore, instituted O.S.No.63 of 1973 on the file of the Subordinate Judge, Thiruvannamalai, against the State of Tamil Nadu and others for declaration of its title and for delivery of possession of four items of the properties. Learned Subordinate Judge, Thiruvannamalai, by judgment and decree dated 14.12.1978, dismissed the suit and the appeal filed by the Sangam in A.S.No.1063 of 1979 was dismissed by a learned single Judge of this Court on 14.3.1985. As against the said judgment, a Letters Patent Appeal was filed in L.P.A.No.139 of 1988. In the Letters Patent Appeal, the claim of the petitioner Sangam was confined to the extent of 4 acres and 44 cents in Survey No.533. The L.P.A. was allowed and a decree was granted on 29.10.1997 and the 9th defendant/the State Government, represented by its Collector of North Arcot, Vellore, was directed to assign the third item of the suit property, namely, S.No.533 of an extent of 4 acres and 44 cents to the plaintiff Sangam within a period of four months from the date of the application to be made by the plaintiff.
Now the petitioner namely M.P.Balasundaram Chetti who is the Secretary of the said Sangam filed an Execution Petition in the Sub-Court, Thiruvannamalai to direct the Collector of Thiruvannamalai District to assign the land in favour of the petitioner as per the High Court order. This Court has sent a notice to the District Collector, Thiruvannamalai in S.No.1340 /99 dt. 28.4.1999 and the same was served. But vakalath has filed before the Court by the Government Pleader, but he has not filed counter. The respondent called absent and set exparte on 2.11.1999.
Therefore the Collector of Thiruvannamalai is hereby directed to assign 4.44 acre in Town T.S.No.533 in favour of the petitioner without further delay. Further the Collector of Thiruvannamalai District is directed to assign the land to the said petitioner and the fact should be intimated to this Court on or before 23.12.1999.
Sd.A.Sampath Subordinate Judge Thiruvannamalai. "
11. This sort of a letter to be addressed by a Court to a judgment debtor is unheard of and reflects only an unbecoming trend on the part of the judicial officers. Such attitude adopted by the learned Subordinate Judge has met with an expected and consequential reaction by the Collector, who also writes a letter back to the Subordinate Judge on 30.12.1999 in f/vz;/M2-85087-92 as follows: