Madras High Court
Arulmigu Subramaniyasamy Kovil vs The District Collector on 7 July, 2021
W.P.(MD)Nos.9779 and 10074 of 2013
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 07.07.2021
CORAM
THE HONOURABLE MR.JUSTICE T. S. SIVAGNANAM
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.P.(MD)Nos.9779 and 10074 of 2013
and
M.P.(MD) Nos.2 of 2013 and 1 & 2 of 2014 in W.P.(MD) No.9779 of 2013
W.P.(MD)No.9779 of 2013:
Arulmigu Subramaniyasamy Kovil
Valagam Vijaparikal Sangam,
Tiruchendoor – 628 215,
Tuticorin District, Rep. by its Secretary
S.Neelavannan ... Petitioner
Vs.
1.The District Collector,
Tuticorin District,
Tuticorin.
2.The Executive Officer,
Special Grade Town Panchayat,
Tiruchendoor,
Tuticorin District.
3.The Thasildar,
Tiruchendoor Taluk,
Tuticorin District.
4.The Joint Commissioner and Executive Officer,
Arulmigu Subramaniyasamy Thirukovil,
Tiruchendoor, Tuticorin District.
5.Manalmedu M.Suresh,
Ex. Municipal Councilor,
Tiruchendoor,
Tuticorin District. ... Respondents
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W.P.(MD)Nos.9779 and 10074 of 2013
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Certiorari, calling for the records pertaining to
the impugned order passed by the 1st respondent herein on 19.04.2013 in
Na.Ka.No.D4/49907/2012 and the consequential impugned order passed by the
2nd respondent herein on 05.06.2013 in Na.Ka.No.339/2012 and quash the same.
For Petitioner : Mr.R.Vijayakumar
For Respondent Nos.1 & 3 : Mr.A.K.Manickam
Standing Counsel for Government
For Respondent No.2 : Mr.K.Mahesh Rajan
For Respondent No.4 : Mr.T.Srinivasa Ragavan
For Respondent No.5 : Mr.R.Gowri Shankar
W.P.(MD)No.10074 of 2013:
Arulmigu Subramaniyaswamy Devasthanam,
Tiruchendur through its
Executive Officer/Joint Commissioner,
Thiruchendur,
Tuticorin District. ... Petitioner
Vs.
1.The District Collector,
Tuticorin District,
Tuticorin.
2.The Executive Officer,
Special Grade Panchayat,
Thiruchendur,
Tuticorin District.
3.Manalmedu M.Suresh, Ex.M.C.,
Ex. Organizer unified D.M.K. Youth Forum,
Thiruchendoor,
Tuticorin District.
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W.P.(MD)Nos.9779 and 10074 of 2013
4.The Revenue Divisional Officer,
Tuticorin.
5.The Tahsildar,
Thiruchendur Taluk,
Tuticorin District. ... Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Certiorari, calling for the records and quash the
proceedings of the 1st respondent in his order in Na.Ka.No.D4/49907/2012
dated 19.04.2013 and the same received by the Petitioner Temple on
23.04.2013.
For Petitioner : Mr.T.Srinivasaraghavan
For Respondent Nos.1, 4 & 5 : Mr.A.K.Manickam
Standing Counsel for Government
For Respondent No.2 : Mr.S.Sathish Kumar
For Respondent No.3 : Mr.R.Gowri Shankar
*****
COMMON ORDER
(Order of the Court was made by T. S. SIVAGNANAM, J.)
These Writ Petitions have been filed by Arulmigu Subramaniyaswami
Devasthanam, Thiruchendur, presently represented by its Executive
Officer/Joint Commissioner, and an Association formed by the licensees of the
said Temple in respect of the shop buildings on the land comprised in Survey
Nos.119 to 124 of Keela Tiruchendur Village, Tiruchendur Taluk, Thoothukudi
District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)Nos.9779 and 10074 of 2013
2.The order impugned in the Writ Petitions was passed by the District
Collector, Thoothukudi District dated 19.04.2013, holding that the property in
question is a Government property and the Temple has no right over the
property and consequently, there is a threat of eviction of the licensees from the
shops.
3.When W.P.(MD) No.9779 of 2013 was entertained by the Division
Bench, by order dated 19.06.2013, interim stay was granted by taking note of
the submissions made by the Executive Officer of the Special Grade Town
Panchayat of Thiruchendur that they will not take possession till the disposal of
the suit in O.S.No.50 of 2017. The said suit was filed by the Temple for a
declaration of their title over the property. It was initially pending before the
learned District Munsif, Thoothukudi in O.S.No.159 of 2009. Subsequently, the
case has been transferred to District Munsif, Tiruchendur and re-numbered as
O.S.No.50 of 2017 and the learned counsel for the petitioner association
submits that argument in the suit has been completed and judgment has been
reserved.
4.In any event, the title has to be decided in the civil proceedings and
the Temple has rightly approached the Civil Court and the District Collector and
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W.P.(MD)Nos.9779 and 10074 of 2013
the Executive Officer of the Panchayat are parties to the suit. The parties may
abide by the judgment passed by the Trial Court. It is needless to say that there
may be appeal against the judgment of the Trial Court as well as Second
Appeal. Therefore, unless and until the title issue is decided, issuance of such
order is not sustained because it is a virtual action rather than a decision to the
title to the property. Therefore, the respondents should wait for the out come
and finality of the civil proceedings.
5.For the above reasons, the Writ Petitions are allowed and the
impugned orders are set aside on the technical ground that the title to the
property be decided in the civil suit pending on the file of the District Munsif,
Thiruchendur and subject to the result of the civil proceedings, it is open to the
respondents to proceed further in accordance with law. No costs. Consequently,
connected Miscellaneous Petitions in W.P.(MD) No.9779 of 2013 are closed.
Index :Yes/No [T.S.S., J.] [S.A.I., J.]
Internet :Yes 07.07.2021
sj
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall be
the responsibility of the advocate/litigant concerned.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)Nos.9779 and 10074 of 2013
T. S. SIVAGNANAM, J.
AND
S.ANANTHI, J.
sj
To
1.The District Collector,
Tuticorin District,
Tuticorin.
2.The Revenue Divisional Officer,
Tuticorin.
3.The Tahsildar,
Thiruchendur Taluk,
Tuticorin District.
W.P.(MD)Nos.9779 and 10074 of 2013
07.07.2021
https://www.mhc.tn.gov.in/judis/
