Sekar.K.V v. The District Collector

ORDER (Order of the Court was made by S.S.SUNDAR, J.) Heard Mr.R.S.Sivaram, learned counsel for the petitioner, Mr.P.Thilak Kumar, learned Government Pleader, who takes notice for respondents 1 to 3 and 7, Mr.S.P.Maharajan, learned Special Government Pleader, who takes notice for respondents 4 & 5 and Mr.V.Chandrasekar, learned counsel, who takes notice for the sixth respondent.

¶2The petitioner has filed this writ petition as a 'Public Interest Litigation' with a prayer to issue a direction to respondents to retrieve the landed properties granted to the temples namely Arulmighu Kaveri Amman Temple, Kattumavadiyan Temple, Ayyanar Temple and Munishwaran Temple of keelakurichi, Thiruverumbur Taluk, Tiruchirappalli District, as per Document No.721 of 1918 registered on the file of the Joint No.3 Sub-Registrar, Tiruchirappalli.

¶3It is the case of the petitioner that the said temples are ancient temples and are under the control of respondents 4 to 6. The grievance of the petitioner is that several private persons have encroached the lands and that, the persons who were at the helm of affairs failed to take action to retrieve the lands settled in favour of the temples measuring about 96 acres of land vide Document N.721 of 1918. Hence, the petitioner has approached this Court with the aforesaid prayer.

¶4The petitioner contends that several persons have obtained patta and got their name included in the revenue records and that, the temple authorities have not taken any action. The petitioner earlier filed a suit in O.S.No.1466 of 2002 on the file of the District Munsif Court, Trichy, for permanent injunction restraining the Land Acquisition Officer and the Government from disbursing compensation to private individuals referring to the decree granted in favour of the individuals. However, no revenue record is produced to show that the temple is the owner of vast extent of land as claimed by the petitioner.

¶5The petitioner relied upon the proceedings of the revenue officials wherein the Tahsildar concerned has earlier recommended that the request of the temples for mutation of record in favour of the temples can be considered. The petitioner has also produced before this Court the proceedings of the Tahsildar, Thiruverumbur Taluk, dated 21.12.2022 wherein the Tahsildar has specifically observed as follows: "UDR m gjpntl;oy; nkw;fz;l nfhtpYf;F " "

brhe;jkhd g[y vz;fs; nfhtpy;fspd; bgahpnyna gjpthfpa[s;sd. kDjhuh; nf.tp.nrfh; vd;gth; fPHf;Fwpr;rp fpuhkj;jpy; mUs;kpF _fhl;Lkhtoahd; _KdP];tud; _ma;adhh; _rhk;ghd; Mfpa nfhtpy;fSf;F 1570 Vf;fh; epyq;fs; brhe;jkhf ,Ue;jjhft[k; 1927 Mk; tUl RSR Mtzq;fspd; go nfhtpy; bgahpy; gl;lh tHq;ft[k; nfhhpa[s;shh. fPHf;Fwpr;rp fpuhk m gjpntl;od; go " "

nkw;fz;l gl;oaypy; fhZk; g[y vz;fis jtpu gpw g[y vz;fs; gl;lh epyq;fshf gy;ntW egh;fspd; bgahpy; gjpthfpa[s;sJ. nkYk;, kDjhuh; 1927 Mk; Mz;oy; TD 1536 kw;Wk; TD 1537 ,d; go nfhtpy;fs; bgahpy; ,Ue;jjhft[k; jw;nghJ nkw;fz;l g[y vz;fs; gl;lh epykhf gl;lhjhuh;fs; bgahpy; UDR m gjpntl;oy; " "

gjpthfpa[s;sjhft[k; nkw;fz;l bgah;fis ePf;fk; bra;J nfhtpy;fspd; bgahpy; epy clik nkk;ghl;Lj;jpl;l jpUj;jk; bra;a nfhhpa[s;shh;. nfhhpf;iff;F Mjhukhf tpy;yq;fr;rhd;W VJk; kDjhuh; rkh;g;gpf;fhjjhy; nfhhpf;ifapid ghprPyid bra;a Koatpy;iy. vdnt, kDjhuh; epy clik nkk;ghl;Lj;jpl;l jpUj;jk; bra;a nfhUk; g[y vz;fis Fwpg;gpl;Lk; mg;g[y vz;fs; bjhlh;ghf 1927-Mk; Mz;oypUe;J

tpy;yq;f

rhd;W

rhh;gjpthsh; mYtyfj;jpypUe;J bgw;W rkh;gpf;Fk; gl;rj;jpy; nkw;fz;l nfhhpf;if bjhlh;ghf ghprPyid bra;s ,aYk; vd;w tpguk; bjhptpf;fg;gLfpwJ."

¶6From the proceedings of the Tahsildar, this Court finds that the petitioner or anyone interested in the temple properties should produce documents before the revenue officials to consider the claim that the substantial properties belong to the temples.

¶7However, the petitioner in his representation, dated

18.05.2023, requested to retrieve the lands. Further, it is seen that the petitioner is the former trustee of the temples. From the typed set of papers filed by the petitioner, this Court finds that the petitioner has not taken any step so far to file a suit for declaration of title or for recovery of possession either as a trustee or even as a worshipper of the temple.

¶8In such circumstances, this Court finds no bonafides in the present litigation. The petitioner himself can file a suit as a worshipper of the temples, if really aggrieved. However, without approaching the civil Court, the petitioner has filed this writ petition and the same is liable to be dismissed. Further, the petitioner has not impleaded the persons who are claiming right over the property of the temple lands. Hence, this writ petition is liable to be dismissed on the ground of non-joinder of necessary parties also.

¶9In view of the foregoing, leaving it open to the petitioner to file a suit to establish the right of the temples, this writ petition is dismissed. No costs. Consequently, connected miscellaneous petitions are closed.

[S.S.S.R., J.] [D.B.C., J.]

19.09.2023 Index : Yes / No NCC : Yes/No pm To

1.The District Collector, Collectorate, Tiruchirappalli.

2.The Revenue Divisional Officer, Tiruchirappalli.

3.The Tahsildar, Thiruverumbur Taluk, Tiruchirappalli District.

4.The Joint Commissioner, HR & CE Dept., Thiruvanaikovil, Tiruchriappalli – 620005.

5.The Asst. Commissioner, HR & CE Dept., Thiruvanaikovil, Tiruchirappalli – 620005.

6.The Spl. Tahsildar, Land Acquisition, Collectorate Complex, Tiruchirappalli.

S.S.SUNDAR, J. and D.BHARATHA CHAKRAVARTHY

, J.

pm W.P(MD)No.22689 of 2023

19.09.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.09.2023 CORAM: THE HONOURABLE MR.JUSTICE S.S.SUNDAR and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P(MD)No.22689 of 2023 and W.M.P(MD)Nos.18951 and 18952 of 2023 K.V.Sekar ... Petitioner Vs. 1.The District Collector, Collectorate, Tiruchirappalli. 2.The Revenue Divisional Officer, Tiruchirappalli. 3.The Tahsildar, Thiruverumbur Taluk, Tiruchirappalli District. 4.The Joint Commissioner, HR & CE Dept., Thiruvanaikovil, Tiruchriappalli – 620005. 5.The Asst. Commissioner, HR & CE Dept., Thiruvanaikovil, Tiruchirappalli – 620005. 6.The Executive Officer, Arulmighu Erumputreeswarar Temple, Thiruverumbur, Tiruchirappalli. 7.The Spl. Tahsildar, Land Acquisition, Collectorate Complex, Tiruchirappalli. ... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondents 1 to 6 to retrieve the landed properties belonging to "Arulmighu Kaveri Amman Temple, Kattumavadiyan Temple, Ayyanar Temple and Munishewaran Temple, Keelakurichi, Thiruverumbur Taluk, Tiruchirappalli District" as per doc.No.721 of 1918 registered on the file of Joint No.3 Sub Registrar, Tiruchirappalli and also the other properties standing in the name of the said temples, from the encroachers by cancelling their patta, chitta, title documents or any other mode of illegal encumbrance within a time frame fixed by this Court. For Petitioner :Mr.R.S.Sivaram For R-1 to R-3 & R-7 :Mr.P.Thilakk Kumar, Government Pleader For R-4 & R-5 :Mr.S.P.Maharajan, Special Government Pleader For R-6 :Mr.V.Chandrasekar ***