Periasamy Velar vs The District Revenue Officer
2023 Latest Caselaw 7954 Mad

                                                                          W.P(MD)No.14115 of 2014


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                              DATED : 10.07.2023

                                                     CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                           W.P(MD)No.14115 of 2014
                                                    and
                                          M.P.(MD)Nos.1 and 2 of 2014

                     Periasamy Velar                                  ... Petitioner
                                                          Vs.


                     1.The District Revenue Officer,,
                       Sivagangai, Sivagangai District.

                     2.The Revenue Divisional Offier,
                       Devakottai, Sivagangai District.

                     3.The Thasildar,
                       Karaikudi,
                       Sivagangai District.

                     4.KR.Sankar
                       S/o. Karuppaiah,
                       Trustee Sri Velayauthamudaiya Ayyanar Tirukovil,
                       Illangudi Village, Siruvaththi Group,
                       Devekottai Taluk, Sivagangai District.

                     5.The Assistant Commissioner,,
                       HR & CE, Paramakudi,
                       Ramanathapuram District.                       ... Respondents
                     (R5 is suo motu impleaded vide order dated
                     04.07.2023 in W.P.(MD).14115 of 2014 by GRSJ).



                     1/6

https://www.mhc.tn.gov.in/judis
                                                                                W.P(MD)No.14115 of 2014


                     Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                     praying this Court to issue a Writ of Certiorarified Mandamus, calling for
                     the records relating to the impugned proceedings dated 02.07.2014 of
                     the 1st Respondent in P.Mu.P4/25645/2010 and quash the same and
                     consequently direct the 1st Respondent pass appropriate orders.

                                  For Petitioner    : Mr.S.Manohar

                                  For Respondents : Mr.R.Ragavendran,
                                                        Government Advocate for R1 to R3.
                                                    Mr.S.M.Sanjay,
                                                        For M/s.E.M.S.N.Law Associates for R4.
                                                    Mr.N.Satheesh Kumar,
                                                        Addl. Government Pleader for R5.



                                                           ORDER

The petitioner challenges the impugned order passed by the

District Revenue Officer, Sivagangai effecting mutation of patta in

favour of Sri Velayauthamudaiya Ayyanar Temple in respect of the

petition mentioned lands.

2.It is seen that the petitioner and others had filed O.S.No.87 of

2004 on the file of the District Munsif Court, Devakottai seeking the

relief of permanent injunction against the trustees of the temple. The suit

https://www.mhc.tn.gov.in/judis W.P(MD)No.14115 of 2014

prayer was in two parts. One part pertained to the right of the plaintiffs

to perform pooja. The other pertained to their right to be possession and

enjoyment of the petition mentioned lands. The trial Court granted the

first part of the prayer alone. Aggrieved by the non-grant of second part

of the prayer, the petitioner and others filed A.S.No.85 of 2005 on the file

of Sub Court, Devakottai. The trustees filed A.S.No.75 of 2005. While

the petitioner's appeal suit was allowed, the trustees appeal suit was

dismissed. Challenging the same, the trustees filed S.A.(MD)No.787 of

2006. They also sought interim relief. On 10.11.2006, this Court had

directed the parties to maintain status quo. The status quo as regards the

enjoyment of the lands as well as pooja rights was in favour of the

petitioners and others / plaintiffs.

3.The question that arises for consideration is whether the mutation

of patta in favour of the temple deserves to be interfered with.

4.In the impugned order itself, there is a reference to a civil

proceedings. I went through the contents of the judgment of the First

Appellate Court. It is mentioned therein that the land was given as inam

https://www.mhc.tn.gov.in/judis W.P(MD)No.14115 of 2014

by the Sivagangai samasthanam for pooja services. Therefore, neither

the trustees nor the poojari can claim any individual right over the

petition mentioned lands. The District Revenue Officer, Sivagangai

rightly mutated the patta in favour of the temple. As regards possessory

rights of the parties, it will abide by the outcome of S.A.(MD)Nos.786

and 787 of 2006. The status quo order is obviously in favour of the

petitioner.

5.The impugned order is sustained. This writ petition is disposed

of accordingly. No costs. Consequently, connected miscellaneous

petitions are closed.

                                                                                    10.07.2023
                     NCC                : Yes/No
                     Index              : Yes / No
                     Internet           : Yes/ No
                     ias

https://www.mhc.tn.gov.in/judis W.P(MD)No.14115 of 2014

To:-

1.The District Revenue Officer,, Sivagangai, Sivagangai District.

2.The Revenue Divisional Offier, Devakottai, Sivagangai District.

3.The Thasildar, Karaikudi, Sivagangai District.

4.The Assistant Commissioner,, HR & CE, Paramakudi, Ramanathapuram District.

https://www.mhc.tn.gov.in/judis W.P(MD)No.14115 of 2014

G.R.SWAMINATHAN, J.

ias

W.P(MD)No.14115 of 2014

10.07.2023

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