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W.P.No.13447 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 21..06..2024CoramTHE HON'BLE MR JUSTICE N.SATHISH KUMARWrit Petition No.13447 of 2024P.Shanmugam ..... Petitioner-Versus-1.The District Collector, Collectorate, Erode 638 011, Erode District.2.The Revenue Tahsildar, Perundurai Taluk, Erode District.3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Railway Station Road, Erode 638 001.4.Dhanalakshi5.Lakshmi6.Ayyammal, W/o Rangasamy7.Kasthuri8.Sithammal9.Kannayan10.Sithayee1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.13447 of 202411.Ayyammal W/o.late Kandasamy12.Kuzhanthaiammal W/o. Babu13.Chitra W/o.Vadivel14.Rasathy15.Kozhantha Gounder16.Easwari17.Pavayee18.Seerangayee19.Kuzhanthaiammal W/o. Ayya Gounder20.Muniammal21.Gunasundari22.Chinnammal23.Chitra, W/o.Chozhagounder24.Palaniammal..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 3 to restore the usage of the land measuring 51 cents bearing R.S.No.839/1, Pallapalayam village, Perundurai Taluk, Erode District, for the performance of religious ceremonies for the "Nadukal' of Mala Temple congregated by the petitoner's Thottinaicker community, as it stood in the revenue records prior to 20.07.2009, by 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.13447 of 2024considering the petitioner's representation dated 07.11.2023.For Petitioner:Mr.N.ManokaranFor Respondent (s):Mr.A.Selvendran,Additional Government Pleaderfor RR1 & 2Mr.K.Karthikeyan,Government Advocate (HR & CE) for R3ORDERThis writ petition has been filed seeking a writ in the nature of mandamus directing the respondents 1 to 3 to consider the representation of the petitioner dated 07.11.2023 requesting to restore the usage of the lands measuring an extent of 51 cents comprised in R.S.No.839/1 (old S.No.71/2), Pallapalayam Village, Perundurai Taluk, Erode District, for the performance of religious ceremonies for the "Nadukal' of Mala Temple congregated by the petitioner's Thottinaicker community, as it stood in the revenue records prior to 20.07.2009.2.1 The case of the petitioner is that his ancestors and elders of Thottinaicker community congregated 'Nadukal' in Arulmighu Mala Temple. It was established nearly 135 years ago. The people of the community were 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.13447 of 2024maintaining the land measuring 51 cents lying around Mala Temple for the purpose of performance of pooja and other religious ceremonies. Even in the revenue records, the land has been classified as "temple land".2.2. While so, a group of persons made an attempt to occupy the land of the temple and to get pata by converting the lands as 'Natham'. Immediately after knowing the said proposal, the petitioner gave a representation on 14.07.2009 to the respondents 1 and 2 and objected to for the re-classification of the land. It was reported that classification of the land which originally stood as "temple" has been subsequently changed as "Natham" by the 1st respondent in his proceedings in Na.Ka.NO.35933/2009/U4 dated 20.07.2009.2.3. In those circumstances, earlier he filed a writ petition in W.P.No.9138 of 2010 seeking a writ in the nature of mandamus forbearing the respondents from removing the Nadukal from the temple land situated in R.S.No.839/1 to the extent of 51 cents in Pallapalayam village, Perundurai Taluk, Erode District without due process of law and this court by order dated 30.03.2022 disposed of the writ petition. This court while setting aside the order of the 1st respondent dated 20.07.2009 reclassifying the subject land and directed the proceedings of the 1st respondent therein in NO.D.Dis.F2/22138/09 dated 12.04.2010 and the patta issued by the District Collector, Erode, were 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.13447 of 2024directed to be kept in abeyance and restraining the respondents 1 to 3 from issuing any new patta. However, this court permitted the available vacant land to be utilized for temple festivals until the Government passes an order.2.4.The grievance of the petitioner is that though there is an order of this court setting aside the orders of the Government reclassifying the land and permitted the available vacant land to be utilized only for temple festivals, the respondents 1 to 3 have not implemented the same which leads to encroachments by several persons. The petitioner has also made a request to the Department of HR & CE but no response. Hence, this writ petition.3. Heard both sides and perused the records carefully.4. This court while allowing the writ petition in W.P.No.9138 of 2010 by order dated 30.03.2022 issued the following directions:-"10. Considering the facts and circumstances of the case, this Court is of the opinion that the matter has to be dealt with by the District Collector afresh, in conformity with Section 21(6) of the Revenue Standing Order, if the District Collector decides that it shall be converted as house sites. If he takes a decision that it shall be converted, he has to issue wide publication and notification in the village for the purpose of conducting public hearing. He shall receive the objections and conduct public hearing. Thereafter, send a proposal alongwith the objections received from the 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.13447 of 2024Commissioner of Land Administration. After an order is passed by the Government, he shall pass appropriate orders. In view of the setting aside the order of the District Collector in proceedings in Na Ka No.35933/2009/U4 dated 20.07.2009 and the order of the first respondent in proceedings no.D.Dis.F2/22138/09 dated 12.04.2010, the patta issued by the District Collector shall be kept in abeyance. Further new patta shall not be issued. 11. Till the Government passes an order, the available vacant land can be utilized only for temple festivals. Accordingly, this petition is allowed and the impugned order dated 20.07.2009 passed by the second respondent/District Collector is set aside. No costs. Consequently, connected miscellaneous petitions are closed."5. It is needless to state here that it is the duty of the statutory authorities to implement the order of this court, unless the same was varied or modified or set aside by the Division Bench or by the Hon'ble Supreme Court, it seems that the order of this court has not been implemented till date.6. Considering the limited nature of relief sought in the writ petition and the earlier order of this court dated 30.03.2022 made in W.P.NO.9138 of 2010, this court is of the view that, it would be appropriate to direct respondents to give effect to the orders of this court in letter and spirit by considering the representation of the petitioner dated 07.11.2023. 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.13447 of 2024In the result, the respondents 1 to 3 are hereby directed to consider the representation of the petitioner dated 07.11.2023 in accordance with law and in the light of the directions already issued by this court in W.P.NO.9138 of 2010 dated 30.03.2022 and pass appropriate orders thereof. The above said exercise shall be completed within a period of three months from the date of receipt of a copy of this order. This writ petition is disposed of accordingly with the above directions. No costs.Index: yes / no 21..06..2024Neutral Citation: yes / noSpeaking / Non Speaking OrderkmkTo1.The District Collector, Collectorate, Erode 638 011, Erode District.2.The Revenue Tahsildar, Perundurai Taluk, Erode District.3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Railway Station Road, Erode 638 001.7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.13447 of 2024N.SATHISH KUMAR.J.,kmk W.P.No.13447 of 202421..06..20248 of 8
W.P.No.13447 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 21..06..2024CoramTHE HON'BLE MR JUSTICE N.SATHISH KUMARWrit Petition No.13447 of 2024P.Shanmugam ..... Petitioner-Versus-1.The District Collector, Collectorate, Erode 638 011, Erode District.2.The Revenue Tahsildar, Perundurai Taluk, Erode District.3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Railway Station Road, Erode 638 001.4.Dhanalakshi5.Lakshmi6.Ayyammal, W/o Rangasamy7.Kasthuri8.Sithammal9.Kannayan10.Sithayee1 of 8 https://www.mhc.tn.gov.in/judis W.P.No.13447 of 202411.Ayyammal W/o.late Kandasamy12.Kuzhanthaiammal W/o. Babu13.Chitra W/o.Vadivel14.Rasathy15.Kozhantha Gounder16.Easwari17.Pavayee18.Seerangayee19.Kuzhanthaiammal W/o. Ayya Gounder20.Muniammal21.Gunasundari22.Chinnammal23.Chitra, W/o.Chozhagounder24.Palaniammal..... Respondents Petition filed under Article 226 of The Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 3 to restore the usage of the land measuring 51 cents bearing R.S.No.839/1, Pallapalayam village, Perundurai Taluk, Erode District, for the performance of religious ceremonies for the "Nadukal' of Mala Temple congregated by the petitoner's Thottinaicker community, as it stood in the revenue records prior to 20.07.2009, by 2 of 8 https://www.mhc.tn.gov.in/judis W.P.No.13447 of 2024considering the petitioner's representation dated 07.11.2023.For Petitioner:Mr.N.ManokaranFor Respondent (s):Mr.A.Selvendran,Additional Government Pleaderfor RR1 & 2Mr.K.Karthikeyan,Government Advocate (HR & CE) for R3ORDERThis writ petition has been filed seeking a writ in the nature of mandamus directing the respondents 1 to 3 to consider the representation of the petitioner dated 07.11.2023 requesting to restore the usage of the lands measuring an extent of 51 cents comprised in R.S.No.839/1 (old S.No.71/2), Pallapalayam Village, Perundurai Taluk, Erode District, for the performance of religious ceremonies for the "Nadukal' of Mala Temple congregated by the petitioner's Thottinaicker community, as it stood in the revenue records prior to 20.07.2009.2.1 The case of the petitioner is that his ancestors and elders of Thottinaicker community congregated 'Nadukal' in Arulmighu Mala Temple. It was established nearly 135 years ago. The people of the community were 3 of 8 https://www.mhc.tn.gov.in/judis W.P.No.13447 of 2024maintaining the land measuring 51 cents lying around Mala Temple for the purpose of performance of pooja and other religious ceremonies. Even in the revenue records, the land has been classified as "temple land".2.2. While so, a group of persons made an attempt to occupy the land of the temple and to get pata by converting the lands as 'Natham'. Immediately after knowing the said proposal, the petitioner gave a representation on 14.07.2009 to the respondents 1 and 2 and objected to for the re-classification of the land. It was reported that classification of the land which originally stood as "temple" has been subsequently changed as "Natham" by the 1st respondent in his proceedings in Na.Ka.NO.35933/2009/U4 dated 20.07.2009.2.3. In those circumstances, earlier he filed a writ petition in W.P.No.9138 of 2010 seeking a writ in the nature of mandamus forbearing the respondents from removing the Nadukal from the temple land situated in R.S.No.839/1 to the extent of 51 cents in Pallapalayam village, Perundurai Taluk, Erode District without due process of law and this court by order dated 30.03.2022 disposed of the writ petition. This court while setting aside the order of the 1st respondent dated 20.07.2009 reclassifying the subject land and directed the proceedings of the 1st respondent therein in NO.D.Dis.F2/22138/09 dated 12.04.2010 and the patta issued by the District Collector, Erode, were 4 of 8 https://www.mhc.tn.gov.in/judis W.P.No.13447 of 2024directed to be kept in abeyance and restraining the respondents 1 to 3 from issuing any new patta. However, this court permitted the available vacant land to be utilized for temple festivals until the Government passes an order.2.4.The grievance of the petitioner is that though there is an order of this court setting aside the orders of the Government reclassifying the land and permitted the available vacant land to be utilized only for temple festivals, the respondents 1 to 3 have not implemented the same which leads to encroachments by several persons. The petitioner has also made a request to the Department of HR & CE but no response. Hence, this writ petition.3. Heard both sides and perused the records carefully.4. This court while allowing the writ petition in W.P.No.9138 of 2010 by order dated 30.03.2022 issued the following directions:-"10. Considering the facts and circumstances of the case, this Court is of the opinion that the matter has to be dealt with by the District Collector afresh, in conformity with Section 21(6) of the Revenue Standing Order, if the District Collector decides that it shall be converted as house sites. If he takes a decision that it shall be converted, he has to issue wide publication and notification in the village for the purpose of conducting public hearing. He shall receive the objections and conduct public hearing. Thereafter, send a proposal alongwith the objections received from the 5 of 8 https://www.mhc.tn.gov.in/judis W.P.No.13447 of 2024Commissioner of Land Administration. After an order is passed by the Government, he shall pass appropriate orders. In view of the setting aside the order of the District Collector in proceedings in Na Ka No.35933/2009/U4 dated 20.07.2009 and the order of the first respondent in proceedings no.D.Dis.F2/22138/09 dated 12.04.2010, the patta issued by the District Collector shall be kept in abeyance. Further new patta shall not be issued. 11. Till the Government passes an order, the available vacant land can be utilized only for temple festivals. Accordingly, this petition is allowed and the impugned order dated 20.07.2009 passed by the second respondent/District Collector is set aside. No costs. Consequently, connected miscellaneous petitions are closed."5. It is needless to state here that it is the duty of the statutory authorities to implement the order of this court, unless the same was varied or modified or set aside by the Division Bench or by the Hon'ble Supreme Court, it seems that the order of this court has not been implemented till date.6. Considering the limited nature of relief sought in the writ petition and the earlier order of this court dated 30.03.2022 made in W.P.NO.9138 of 2010, this court is of the view that, it would be appropriate to direct respondents to give effect to the orders of this court in letter and spirit by considering the representation of the petitioner dated 07.11.2023. 6 of 8 https://www.mhc.tn.gov.in/judis W.P.No.13447 of 2024In the result, the respondents 1 to 3 are hereby directed to consider the representation of the petitioner dated 07.11.2023 in accordance with law and in the light of the directions already issued by this court in W.P.NO.9138 of 2010 dated 30.03.2022 and pass appropriate orders thereof. The above said exercise shall be completed within a period of three months from the date of receipt of a copy of this order. This writ petition is disposed of accordingly with the above directions. No costs.Index: yes / no 21..06..2024Neutral Citation: yes / noSpeaking / Non Speaking OrderkmkTo1.The District Collector, Collectorate, Erode 638 011, Erode District.2.The Revenue Tahsildar, Perundurai Taluk, Erode District.3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Railway Station Road, Erode 638 001.7 of 8 https://www.mhc.tn.gov.in/judis W.P.No.13447 of 2024N.SATHISH KUMAR.J.,kmk W.P.No.13447 of 202421..06..20248 of 8