IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED:   24.08.2022

CORAM :

THE HON’BLE MR.MUNISHWAR NATH BHANDARI, CHIEF JUSTICE

AND

THE HON’BLE MRS.JUSTICE N.MALA

W.P.No.21672 of 2022

A.Radhakrishnan                    …          Petitioner

Vs

1.The Commissioner of  Revenue Administration    Chepauk, Chennai 05

2.The Commissioner of Land Administration,    Chepauk  Chennai 05

3.The Director of Survey and Settlements    Chepauk  Chennai 05

4.The Inspector General of Registrations

100  Santhome High Road

Chennai 600028

5.The Commissioner

Hindu Religious and Charitable Endowments Department

119  Nungambakkam High Road     Chennai 34

6.The District Collector, Erode

7.The District Revenue Officer, Erode

8.The Settlement Tahsildar

Collectorate Campus, Erode

9.The Joint Commissioner

H.R. & C.E. Department,  Erode

10.The Present Administrator

Arulmigu Kariaperumal Thirukoil

Rangampalayam  Erode Taluk and District

11.The Chairman

Tamil Nadu Housing Board

Nandanam  Chennai 05

12.K.Kittusamy

13.R.C. Subramaniam

14.P.Nallappan                    …     Respondents

Prayer: Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus directing the respondents 1 to 9 to take appropriate action to secure the property in S.F.No.733 at Rangampalayam Erode Taluk and District and restore the same in favour of 10^th respondent temple by considering petitioner representation dated 07.08.2014 and 07.08.2022.

For the Petitioner       : Mr.R.Marudhachalamurthy

For the Respondents : Mr.P.Muthukumar, State Government Pleader, assisted by Mr.K.M.D.Muhilan,

Government Advocate for respondents 4, 6 to 8

Mr.N.R.R.Arun Natarajan, Special Government Pleader, for respondents 5 and 9

ORDER

(Order of the Court was made by the Hon’ble Chief Justice)

The writ petition has been filed to seek a direction on

respondents 1 to 9 to take appropriate action to secure the property in S.F.No.733 at Rangampalayam, Erode Taluk and District and restore the same in favour of the tenth respondent temple, by considering the

petitioner’s representations dated 07.08.2014 and 07.08.2022.

2. The facts on record show that patta was issued in respect of S.F.No.733, and the same was well within the knowledge of the petitioner. The land of an extent of 7 acres and 61 cents comprised in Old S.No.733 was transferred to private individuals. It is to be recovered and restored to the temple. No challenge to the patta has been made in this writ petition and otherwise, direction was sought for restoration of land in favour of the temple which can be made only after taking possession of the land from the patta holders. The petitioner has made reference to the earlier representation dated 07.08.2014 wherein it is mentioned that the land in Old S.No.733 was transferred to individuals and request was made therein to recover and restore the land in favour of the temple. In view of the aforesaid, the petition is nothing but to nullify the pattas given to the beneficiaries in an indirect way by seeking restoration of land

without challenge to the patta in this writ petition.

3. At this stage, learned counsel for the petitioner made a reference of the letter dated 03.01.2022 of the first respondent, sending the petitioner’s representation to the sixth respondent for necessary action, however, without any endorsement that the

possession of land is not of the patta holders. The writ petition is filed also in ignorance of the order passed by the Settlement Tahsildar on 12.01.1971 in regard to the persons noted in the schedule, holding them to be eligible for grant of ryotwari patta, and they were granted ryotwari patta. The order aforesaid was passed in the year 1971 with liberty to file an appeal against the said order. But there is nothing on record to show that an appeal has been filed or a reversal order cancelling the patta has been made. Therefore, this public interest litigation is nothing but to misuse the jurisdiction of this Court to seek restoration of the land from those who were given ryotwari patta way back in the year 1971.

4. The platform of public interest litigation is for those who approach the court with clean hands and not for those who make misleading statement of facts to seek a prayer for possession of land in favour of the temple, for which ryotwari patta was given in the year 1971. Accordingly, we find no merit in this public interest

litigation. The writ petition is liable to be dismissed.

5. Accordingly, the writ petition is dismissed with cost of Rs.10,000/- (Rupees ten thousand only) to be paid to the Tamil

Nadu State Legal Services Authority within fifteen days. The Registrar (Judicial), High Court, Madras is directed to ensure compliance of payment of cost within the stipulated time and if payment of cost is not made, the disposed of writ petition may be listed again before this court to take appropriate proceedings in the

matter.

(M.N.B., CJ.)     (N.M., J.)

24.08.2022

Index : Yes/No tar

To:

1.The Commissioner of  Revenue Administration    Chepauk, Chennai 05

2.The Commissioner of Land Administration,    Chepauk  Chennai 05

3.The Director of Survey and Settlements    Chepauk  Chennai 05

4.The Inspector General of Registrations

100  Santhome High Road    Chennai 600028

5.The Commissioner

Hindu Religious and Charitable Endowments Department

119  Nungambakkam High Road     Chennai 34

6.The District Collector, Erode

7.The District Revenue Officer, Erode

8.The Settlement Tahsildar

Collectorate Campus, Erode

9.The Joint Commissioner

H.R. & C.E. Department,  Erode

10.The Present Administrator

Arulmigu Kariaperumal Thirukoil

Rangampalayam  Erode Taluk and District

11.The Chairman

Tamil Nadu Housing Board

Nandanam  Chennai 05

M.N.Bhandari, CJ. and         N.Mala, J.

(tar)

 

W.P.No.21672 of 2022

 

24.08.2022