V.Sithalingam vs The Revenue Divisional Officer
2023 Latest Caselaw 15461 Mad

Madras High Court

V.Sithalingam vs The Revenue Divisional Officer on 30 November, 2023

Author: G.R.Swaminathan

Bench: G.R.Swaminathan

                                                                            W.P(MD)No.28271 of 2023


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 30.11.2023

                                                       CORAM

                            THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

                                             W.P(MD)No.28271 of 2023


                     V.Sithalingam                                             ... Petitioner


                                                         Vs.


                     1.The Revenue Divisional Officer,
                       Musiri – 621 211,
                       Trichirappalli District.

                     2.The Tahsildar,
                       Musiri – 621 211,
                       Trichirappalli District.                                ... Respondents


                     Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                     praying this Court to issue a Writ of Mandamus, directing the
                     respondents (1) to include the Sri Sithanathaswamy Samedha Sri Angala
                     Parameswari Amman Temple Nandavanam land, in one Survey Number
                     which land has been included now in S.Nos.344/10-A (Full), 344/11A
                     (Full) and 344/10-B (Part), Musiri (West) Village, Musiri Taluk,
                     Trichirappalli District (2) to include the lands under the enjoyment of


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                                                                                W.P(MD)No.28271 of 2023


                     Temple lying within the Temple premises in one Survey number, which
                     has been included now in S.Nos. 346/1 (Part) and in 346/12 (Part) and
                     (3) to issue patta in respect of the above newly created Survey Numbers
                     and also in respect of Temple land in S.No346/2, which land is lying on
                     the southern side of the Temple Wall, in the name of “Sri
                     Sithanathaswamy Samedha Sri Angala Parameswari Amman Temple
                     Managing Committee”, based on the Judgment of the District Munsif,
                     Musiri in O.S.No.72/1988 dated 16.09.1990 and the same was confirmed
                     by the High Court, Madras in S.A.No.392/1992 dated 15.03.2002, within
                     the stipulated time fixed by this Court.


                                        For Petitioner    : Mr.V.Karthikeyan
                                        For Respondents : Mr.M.Prakash
                                                          Additional Government Pleader

                                                          ORDER

Heard both sides.

2.The petitioner is the President / managing trustee of a temple.

The temple had earlier filed O.S.No.72 of 1988 on the file of District

Munsif Court, Musiri seeking relief of permanent injunction. The suit

was decreed. Though the first appellate Court reversed the same, the

petitioner filed S.A.No.397 of 1992. On 15.03.2022, the second appeal

was allowed, and the decree passed by the trial Court was restored. As of

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now, patta is not standing in the name of the petitioner temple.

Therefore, the petitioner has given an application before the second

respondent for issuance of patta.

3.The second respondent shall consider the petitioner's request,

hold enquiry and pass final order on merits and in accordance with law

within a period of ten weeks from the date of receipt of a copy of this

order.

4.This writ petition is disposed of accordingly. There shall be no

order as to costs.

                                                                                    30.11.2023

                     NCC                : Yes/No
                     Index              : Yes / No
                     Internet           : Yes/ No
                     MGA

                     To

1.The Revenue Divisional Officer, Musiri – 621 211, Trichirappalli District.

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G.R.SWAMINATHAN, J.

MGA

2.The Tahsildar, Musiri – 621 211, Trichirappalli District.

30.11.2023

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