Madras High Court
The Executive Officer vs Vedharanyam Nagara Pattanam ... on 23 July, 2021
W.A. No. 1743 of 20212
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 23.07.2021
CORAM
THE HONOURABLE MR. JUSTICE T. RAJA
AND
THE HONOURABLE MR. JUSTICE V.SIVAGNANAM
W.A. No. 1743 of 2012
The Executive Officer,
Vedharanyswara Swamy Devasthanam,
Vedharanyam Town and Taluk,
Nagapattinam District. ..Appellant
Vs.
1. Vedharanyam Nagara Pattanam Manai
Kudiyiruppor (Anubavatharar)
Nala sangam, Vedharanyam,
rep. by it Secretary
G. Sankaravadivelu,
50/19, South Street, Vedharanyam,
Vedharanyam Taluk and Town,
Nagapattinam District – 614 510.
2. The Secretary to Government,
Government of Tamil Nadu,
Revenue Department,
Fort St. George, Chennai – 600 005.
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W.A. No. 1743 of 20212
3. The Commissioner for Land
Administration, Ezhilagam,
Chennai – 600 005.
4. The Settlement Officer
(Inam Abolition & Conversion
into Ryotwari), Ezhilagam,
Chepauk, Chennai – 600 005.
5. The District Collector,
Office of the Collectorate,
Nagapattinam, Nagapattinam District.
6. The Tahsildar,
Vedharanyam Taluk,
Vedharanyam Town,
Nagapattinam District.
7. The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Thanjavur, Thanjavur District. ..Respondents
Prayer: Writ Appeal as against the order dated 05.03.2012 passed in
W.P. No. 5143 of 2012.
For Appellant :: Mr.R.Karthikeyan for
Mr.R. Bharanidharan
For Respondents :: No appearance for R1
Mr.T. Arunkumar
Govt. Advocate for R2 to R7
JUDGMENT
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W.A. No. 1743 of 20212
(Judgment of the Court was delivered by T. RAJA,J.)
The matter is heard through videoconferencing.
2. This writ appeal is directed against the order dated 05.03.2012
passed in W.P. No. 5143 of 2012.
3. The 1st respondent herein had filed the writ petition for
issuance of a Writ of Mandamus directing respondents 2 to 5 herein to take
necessary steps to issue absolute patta to the members of the 1st respondent
association by extending their building pattas to include the pattas for the
site on which the building stands in Vedaranyam Pattinam Village,
Vedaranyam Taluk, Nagapattinam District thereby restraining the Joint
Commissioner, HR & CE from interfering with the peaceful possession of
the members of the 1st respondent association.
3. After hearing the parties on either side, the learned Single
Judge, while holding that there cannot be any impediment on the side of the
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W.A. No. 1743 of 20212
respondents therein, particuarly, the Settlement Officer, to consider the case
of the 1st respondent herein and grant patta for the land in which they are in
occupation for long years, had only directed respondents 2 to 6 herein to
consider the representation of the writ petitioner/1st respondent herein and
pass orders on merits and in accordance with law after giving due
opportunity of hearing to the writ petitioner/1st respondent and the temple,
namely, the Joint Commissioner, HR & CE and the Executive Officer of
Vedaranyeswara Swamy Devasthanam within a stipulated time.
4. There is no positive direction, as such, issued to grant patta to
the 1st respondent herein/writ petitioner and an opportunity of hearing had
also been ordered to be given to the parties concerned before orders could be
passed on the representation of the writ petitioner/1st respondent herein. The
appellant can always express his grievance/objections before the authority
concerned, who is to pass orders on the representation of the writ
petitioner/1st respondent herein.
5. That being so, this Court finds no reason to entertain the
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W.A. No. 1743 of 20212
appeal. Hence, the writ appeal stands dismissed. No costs.
(T.R.J.) (V.S.G.J.)
nv 23.07.2021
To
1. Vedharanyam Nagara Pattanam Manai
Kudiyiruppor (Anubavatharar)
Nala sangam, Vedharanyam,
rep. by it Secretary
G. Sankaravadivelu,
50/19, South Street, Vedharanyam,
Vedharanyam Taluk and Town,
Nagapattinam District – 614 510.
2. The Secretary to Government,
Government of Tamil Nadu,
Revenue Department,
Fort St. George, Chennai – 600 005.
3. The Commissioner for Land
Administration, Ezhilagam,
Chennai – 600 005.
4. The Settlement Officer
(Inam Abolition & Conversion
into Ryotwari), Ezhilagam,
Chepauk, Chennai – 600 005.
T. RAJA,J.
AND
V. SIVAGNANAM,J.
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W.A. No. 1743 of 20212
nv
5. The District Collector,
Office of the Collectorate,
Nagapattinam, Nagapattinam District.
6. The Tahsildar,
Vedharanyam Taluk,
Vedharanyam Town,
Nagapattinam District.
7. The Joint Commissioner,
Hindu Religious and Charitable
Endowment Department,
Thanjavur, Thanjavur District.
W.A. No. 1743 of 2012
23.07.2021
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