Madras High Court
Perai Nagaserivilai Mahadevar ... vs The District Collector on 4 October, 2021
W.P.(MD)No.17867 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 04.10.2021
CORAM
THE HON'BLE MR.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.(MD)No.17867 of 2021
Perai Nagaserivilai Mahadevar Temple,
Rep. by its President,
Thavathiru Swami Saidhanyananda Ji Maharaj.
... Petitioner
Vs.
1. The District Collector,
Kanyakumari District,
At Nagercoil.
2. The Tahsildar,
Thiruvattaru Taluk,
Kanyakumari District.
3. Mathur Madam,
Rep. by its President,
Subramaniyaru,
S/o.Sankaranayanaru,
Kanyakumari District. ... Respondents
Prayer: Writ petition filed under Article 226 of the Constitution of India,
to issue a Writ of Mandamus, directing the official respondents to issue
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W.P.(MD)No.17867 of 2021
separate patta for the property in Survey No.775/8B1A, Thiruvattaru
Village, Kalkulam Taluk, Kanyakumari District to an extent of 40 cents
in the name of the petitioner based on the online application No.
2021/0105/30/1919555 dated 19.08.2021 within the period stipulated by
this Court.
For Petitioner : Mr.Ananth C.Rajesh
For Respondents : Mr.K.S.Selva Ganesan,
Counsel for State for R1 and R2
ORDER
The petitioner seeks a separate patta for the property bearing
Survey No.775/8B1A, Thiruvattaru Village, Kalkulam Taluk,
Kanyakumari District of an extent of 40 cents.
2. The petitioner states that the above mentioned property is owned
by the Temple. The petitioner refers to and relies upon judgments and
decrees in proceedings bearing O.S.No.437 of 1976 and O.S.No.305 of
1981. According to the petitioner, both these proceedings culminated in
appellate orders in favour of the petitioner. In addition, the petitioner
refers to a gift deed dated 27.08.2004 in favour of the petitioner-temple
as also joint Patta No.9943. In these facts and circumstances, the
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W.P.(MD)No.17867 of 2021
petitioner submitted an application dated 19.08.2021 seeking a separate
patta in respect of the 40 cents of land owned by the petitioner-temple.
The present writ petition is filed for such purpose.
3. Mr.K.S.Selva Ganesan, learned counsel for the State, accepts
notice on behalf of respondents 1 and 2. He submits that the joint
pattadars may be put on notice before a decision is taken on the
petitioner's application.
4. The petitioner has enclosed a copy of gift deed dated 27.08.2004
in favour of the petitioner-temple. The said settlement deed prima facie
indicates that the petitioner owns about 40 cents in the relevant survey
number. The petitioner has also enclosed a copy of Patta No.9943. The
said patta pertains to the property bearing Survey No.775/8B1A of an
extent of 0.41.55 Ares, which roughly corresponds to 1 acre and 2 cents.
The patta is in the name of eight persons including the petitioner.
Consequently, notice should be issued to the other seven joint pattadars
before a decision is taken on the petitioner's application. In addition, the
third respondent herein should also be put on notice.
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W.P.(MD)No.17867 of 2021
5. Subject to the above observations but without entering any
findings on the merits of the matter, the second respondent herein is
directed to consider the petitioner's application dated 19.08.2021 and
dispose of the same by a reasoned communication after providing a
reasonable opportunity to the petitioner, the joint pattadars under Patta
No.9943 and the third respondent herein. On account of the fact that the
second respondent has been directed to provide a reasonable opportunity
to the third respondent before taking a decision, the writ petition is
disposed of without notice to the third respondent. Such reasoned order
shall be issued within a period of three months from the date of receipt of
a copy of this order. There will be no order as to costs.
04.10.2021
Index : Yes/No
Internet : Yes/No
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W.P.(MD)No.17867 of 2021
To
1. The District Collector,
Kanyakumari District,
At Nagercoil.
2. The Tahsildar,
Thiruvattaru Taluk,
Kanyakumari District.
3. Mathur Madam,
Rep. by its President,
Subramaniyaru,
S/o.Sankaranayanaru,
Kanyakumari District.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.17867 of 2021
SENTHILKUMAR RAMAMOORTHY, J.
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W.P.(MD)No.17867 of 2021
04.10.2021
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