Madras High Court
Rengarajan Naidu vs The District Collector on 5 April, 2024
Author: N. Seshasayee
Bench: N. Seshasayee
W.A(MD)Nos.1531 and 1532 of 2014
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.04.2024
CORAM
JUSTICE N. SESHASAYEE
and
JUSTICE P.VADAMALAI
W.A(MD)No.1531 of 2014
and
C.M.P(MD)Nos.2277 of 2016
and
M.P(MD)Nos.1 and 2 of 2014, 1 of 2015,
and
W.A(MD)No.1532 of 2014
and
M.P(MD)Nos.1 & 2 of 2014 and 1 of 2015
and
C.M.P(MD)No.2278 of 2016
W.A(MD)No.1531 of 2014:
Rengarajan Naidu,
Hereditary Trustee of Sree Sanjeevi Rayer Kovil,
Pidampatti,
Kulathur Taluk,
Pudukottai District. ... Appellant/Petitioner
Vs.
1.The District Collector,
Pudukottai District,
Pudukottai.
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W.A(MD)Nos.1531 and 1532 of 2014
2.The Tahsildar,
Kulathur Taluk,
Pudukottai District.
3.The Block Development Officer,
Viralimalai Panchayat Union,
Viralimalai,
Pudukottai District.
4.The President,
Viralimalai Panchayat,
Viralimalai,
Pudukottai District. ... Respondents/Respondents
(Hereditary Trustee of appellant temple is substituted vide Court
Order dated 02.04.2024 made in C.M.P(MD)No.4740 of 2024 in
W.A(MD)No.1531 of 2014 by NSSJ & PVMJ)
W.A(MD)No.1532 of 2014:
Rengarajan Naidu,
Hereditary Trustee of Sree Sanjeevi Rayer Kovil,
Pidampatti,
Kulathur Taluk,
Pudukottai District. ... Appellant/Petitioner
Vs.
1.The District Collector,
Pudukottai District,
Pudukottai.
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W.A(MD)Nos.1531 and 1532 of 2014
2.The Tahsildar,
Kulathur Taluk,
Pudukottai District.
3.The Superintendent of Police,
Pudukottai District,
Pudukottai.
4.The Village Administrative Officer,
Singatha Kurichi Village,
Kulathur Taluk.
5.The Sub-Inspector of Police,
Mandaiyoor Police Station,
Pudukottai District. ... Respondents/Respondents
(Hereditary Trustee of appellant temple is substituted vide Court
Order dated 02.04.2024 made in C.M.P(MD)No.4742 of 2024 in
W.A(MD)No.1532 of 2014 by NSSJ & PVMJ)
Common Prayer: Appeals filed under Clause 15 of the Letters Patent, against
the common order dated 24.09.2014 passed in W.P(MD)Nos.1603 of 2010
and 12242 of 2014 respectively.
For Appellant :Mr.R.Murali
For Respondents :Mr.N.Muthuvijayan
For proposed respondent :Mr.K.Vinoharan for
Mr.G.Prabhu Rajadurai
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W.A(MD)Nos.1531 and 1532 of 2014
COMMON JUDGMENT
(Judgment of the Court was delivered by N.SESHASAYEE, J.)
These writ appeals have been preferred against the common order of a
learned Single Judge of this Court in W.P(MD)No.1603 of 2010 and
W.P(MD)No.12242 of 2014 respectively.
2. The first mentioned writ petition is filed for issuance of a Writ of
Mandamus to the Tahsildhar, Kulathur Taluk, Pudukottai District, to issue
patta pertaining to eight tanks, which according to the appellant belongs to
Arulmigu Sanjeevarayar Temple, Pidampatti Village, Pudukkottai District.
The writ petition in W.P(MD)No.12242 of 2014, is for issuance of a Writ of
Mandamus to protect the peaceful possession and enjoyment of the temple
lands covered under Patta No.1 of Pidampatti, Singathakuritchi Village,
Kulathoor Taluk.
3. Both the writ petitions came to be disposed of by the learned Single Judge
wherein he has directed the Tahsildar concerned to consider the petitioner’s
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W.A(MD)Nos.1531 and 1532 of 2014
application for grant of patta and also directed the HR & CE Department to
make its stand clear before the Tahsildar vis-a-vis the title of the temple over
the tanks in question and further directed the Tahsildhar to consider the said
stand which the HR & CE Department Official might disclose.
4. So far as the other writ petition which the appellant has filed for protecting
the peaceful enjoyment of the temple lands is concerned, the Court had
directed the Tahsildhar to auction the “Seema Karuvelam Trees”(Prosopis
Juliflora), standing therein. This order is now challenged before this Court.
5. This Court is informed that since the passing of the impugned order of the
learned Single Judge, the Tahsildhar, Kulathur Taluk, Pudukottai District, had
passed orders declining to grant patta to the eight tanks in question and this is
being challenged separately in a writ proceedings in W.P(MD)No.6152 of
2016.
6. So far as the other aspect to conduction auction is concerned, the said
order of the learned Single Judge has been complied with by the Tahsildar
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W.A(MD)Nos.1531 and 1532 of 2014
and nothing survives for consideration in these writ appeals inasmuch the
issue covers under the common order, does not survive for fresh
consideration now and the appellant is free to agitate his rights in the pending
writ petition .
7. In view of the same, the writ appeals are dismissed as having become
infructuous. No Costs. Consequently, connected Miscellaneous Petitions are
closed.
(N.S.S., J.) (P.V.M., J.)
05.04.2024
Index:Yes/No
NCC:Yes/No
PM
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W.A(MD)Nos.1531 and 1532 of 2014
To
1.The District Collector,
Pudukottai District,
Pudukottai.
2.The Tahsildar,
Kulathur Taluk,
Pudukottai District.
3.The Block Development Officer,
Viralimalai Panchayat Union,
Viralimalai,
Pudukottai District.
4.The President,
Viralimalai Panchayat,
Viralimalai,
Pudukottai District.
5.The Superintendent of Police,
Pudukottai District,
Pudukottai.
6.The Village Administrative Officer,
Singatha Kurichi Village,
Kulathur Taluk.
7.The Sub-Inspector of Police,
Mandaiyoor Police Station,
Pudukottai District.
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W.A(MD)Nos.1531 and 1532 of 2014
N. SESHASAYEE, J.
and
P.VADAMALAI, J.
PM
W.A.(MD) Nos.1531 and 1532 of 2014
05 .04.2024
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