S.Sivamaharajan vs The District Collector
2022 Latest Caselaw 8818 Mad

                                                                          W.P.(MD) No.4145 of 2020

                             BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                 DATED: 26.04.2022

                                                     CORAM:

                                  THE HONOURABLE MR.JUSTICE C.SARAVANAN

                                              W.P.(MD) No.4145 of 2020
                                                        and
                                             W.M.P.(MD) No.3494 of 2020

                 S.Sivamaharajan                                      ... Petitioner
                                                         /vs./

                 1.The District Collector,
                   Tenkasi District,
                   Tenkasi.

                 2.The Tahsildar,
                   Alangulam Taluk,
                   Tenkasi District.

                 3.The Block Development Officer (Planning),
                   Union Office, Alangulam,
                   Tenkasi District.

                 4.The Block Development Officer,
                   Union Office, Alangulam,
                   Tenkasi District.

                 5.The Village Administrative Officer,
                   Maranthai Village,
                   Alangulam Taluk,
                   Tenkasi District.                                  ... Respondents


                 1/5

https://www.mhc.tn.gov.in/judis
                                                                                W.P.(MD) No.4145 of 2020




                 PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
                 issuance of Writ of Mandamus, directing the respondents to consider the
                 petitioner's objection of acquiring the temple land for the purpose of set on the
                 Amma Play Ground at Chettisamy @ Sargurunathar Jeeva Samathi Temple land
                 situated at Maranthai Village, Alangulam Taluk, Tenkasi District based on the
                 petitioner's representation dated 09.02.2020.

                                  For Petitioner  : Mr.C.Saravana Kumar
                                  For Respondents : Mr.K.S.Selva Ganesan
                                                        Additional Government Pleader

                                                         ORDER

The petitioner has filed this writ petition for a Mandamus to direct the

respondents to consider the petitioner's objection for acquiring the land for the

purpose of constructing a play ground at Maranthai Village, Alangulam Taluk,

Tenkasi District.

2.The learned counsel for the official respondents submits that the land, in

respect of which the petitioner is seeking the aforesaid relief, is the Arasu

Poramboke Land and that there is no proposal for putting up any play ground.

https://www.mhc.tn.gov.in/judis W.P.(MD) No.4145 of 2020

3.The learned counsel for the petitioner has however relied on the judgment

in A.S.Nos.104 and 105 of 1975 dated 07.01.1977 on the file of the Subordinate

Court, Tirunelveli. The learned counsel for the petitioner submits that the

petitioner was appointed as Atthar, in terms of the registered deed dated

23.06.1973, vide registered Doc.No.1490/1973. The petitioner claims to be the

Atthar and was administering the temple property. The writ petition appears to

have been filed in his individual capacity, though in paragraph No.2 of the

affidavit filed in support of this writ petition, the petitioner has stated that the

petitioner is the Atthar.

4.There is no counter filed by the respondents to substantiate the above

contentions. Be that as it may, the representation of the petitioner dated

09.02.2020 is directed to be considered and disposed of on merits and in

accordance with law by the 3rd respondent within a period of 6 weeks from the

date of receipt of a copy of this order.

https://www.mhc.tn.gov.in/judis W.P.(MD) No.4145 of 2020

5.The writ petition stands disposed of, in terms of the above observation.

No costs. Consequently, connected miscellaneous petition is closed.

                 Index : Yes / No                                                 26.04.2022
                 Internet : Yes / No
                 mm

                 To

                 1.The District Collector,
                   Tenkasi District,
                   Tenkasi.

                 2.The Tahsildar,
                   Alangulam Taluk,
                   Tenkasi District.

3.The Block Development Officer (Planning), Union Office, Alangulam, Tenkasi District.

4.The Block Development Officer, Union Office, Alangulam, Tenkasi District.

5.The Village Administrative Officer, Maranthai Village, Alangulam Taluk, Tenkasi District.

https://www.mhc.tn.gov.in/judis W.P.(MD) No.4145 of 2020

C.SARAVANAN, J.

mm

W.P.(MD)No.4145 of 2020

26.04.2022

https://www.mhc.tn.gov.in/judis