Madras High Court
R.Govindaraji vs The Collector on 18 February, 2025
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.A.No.2602 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.02.2025
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
AND
THE HONOURABLE MR. JUSTICE K.RAJASEKAR
W.A.No.2602 of 2024
and
C.M.P.No.18635 of 2024
1. R.Govindaraji
2. T.Parasuraman
3. A.Manikandan
4. K.Gurunathan
5. E.Kanniappan
6. K.Kamalapadham ... Appellants/Petitioners
Vs.
1. The Collector,
Villupuram District,
Collector Office Road,
Moovendar Nagar,
Villupuram, Tamil Nadu - 605 602.
2. The Executive Director,
Directorate of Municipal Administration,
75, Urban Administrative Building,
Santhome High Road, MRC Nagar,
Raja Annamalaipuram,
Chennai - 600 028.
Page 1 of 6
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W.A.No.2602 of 2024
3. The Regional Director,
Municipal Administration,
Vellore Region,
50, M.P.Sarathy Nagar,
Kagithapatarai, Vellore,
Tamil Nadu - 632 012.
4. The Commissioner,
Kottakuppam Municipality,
Kottakuppam,
97, Mahatma Gandhi Road,
Solai Nagar, Kottakuppam,
Tamil Nadu - 605 104. ... Respondents/Respondents
Prayer: Writ appeal filed under Clause 15 of the Letters Patent Act, to set
aside the order dated 16.07.2024 in W.P.No.16282 of 2024.
For Appellants : Mr.R.Udhayakumar
For Respondents : Mr.P.Muthukumar
Additional Advocate General
assisted by
Mr.T.K.Saravanan
Additional Government Pleader
[For R1 to R4]
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W.A.No.2602 of 2024
JUDGMENT
(Order of the Court was made by S.M.SUBRAMANIAM, J.)
The writ appeal on hand has been instituted to assail the order dated
16.07.2024 in W.P.No.16282 of 2024.
2. The writ prayer is to direct the respondents to consider the
representation submitted by the appellants dated 28.05.2024.
3. The appellants claim that the subject property morefully
described in the representation vest with the temple viz., A/m.Shree
Muthumariamman Koil and the temple continued to be administered by the
villagers and not under the control of the HR & CE Department. However,
the appellants claim that the subject property belongs to the temple. Such
disputes of civil nature cannot be adjudicated neither by the Municipal
Authorities nor by the High Court in exercise of powers of judicial review
under Article 226 of the Constitution of India. Property disputes relating to
title are to be adjudicated before the competent Civil Court.
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4. The learned Single Judge made an observation that the subject
property was handed over to the Local Authority, 44 years back and now the
appellants cannot turn around and claim right over the property. As per the
records, the over head water tank has been constructed several decades ago.
Therefore, at this length of time, the claim of the appellants cannot be
considered by the writ court.
5. The reasoning stated by the writ court is candid and the
appellants have not established even a semblance of legal right for the
purpose of considering the relief as such sought for in the writ appeal.
6. Mere direction to consider the representation would do no
service to the cause of justice. Therefore, the writ court has rightly
considered the merits and rejected the writ petition.
Accordingly, the Writ Appeal stands dismissed. No costs.
Connected Miscellaneous Petitions, if any are closed.
[S.M.S,J.] [K.R.S,J.]
18.02.2025
veda
Index:Yes/No
Speaking order/Non-speaking order
Neutral Citation:Yes/No
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To
1. The Collector,
Villupuram District,
Collector Office Road,
Moovendar Nagar,
Villupuram, Tamil Nadu - 605 602.
2. The Executive Director,
Directorate of Municipal Administration,
75, Urban Administrative Building,
Santhome High Road, MRC Nagar,
Raja Annamalaipuram,
Chennai - 600 028.
3. The Regional Director,
Municipal Administration,
Vellore Region,
50, M.P.Sarathy Nagar,
Kagithapatarai, Vellore,
Tamil Nadu - 632 012.
4. The Commissioner,
Kottakuppam Municipality,
Kottakuppam,
97, Mahatma Gandhi Road,
Solai Nagar, Kottakuppam,
Tamil Nadu - 605 104.
https://www.mhc.tn.gov.in/judis
S.M.SUBRAMANIAM,J.
AND
K.RAJASEKAR,J.
veda
18.02.2025
https://www.mhc.tn.gov.in/judis
