THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR andTHE HONOURABLE MR.JUSTICE R.VIJAYAKUMARW. P.(MD) No.2687 of 2024andW.M.P.(MD) No.2700 of 2024M.Nagarajan … Petitioner-vs-1.The TahsildarPalani Taluk Office Dindigul District2.The Executive Officer / Joint CommissionerHindu Religious and
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 07.02.2024
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR and
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W. P.(MD) No.2687 of 2024and
W.M.P.(MD) No.2700 of 2024
M.Nagarajan … Petitioner
Palani Taluk Office Dindigul District
2.The Executive Officer / Joint Commissioner
Hindu Religious and
Charitable Endowments Department
Arulmighu Dhandayuthapani Thirukovil
Palani Town and Taluk Dindigul District
Palani Town and Taluk
Dindigul District … Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a writ of certiorari to call for the records of the impugned order passed by the first respondent in his proceedings in Na.Ka.No.9317/2017/C2, dated 31.01.2024 and quash the same as illegal and without jurisdiction.
For Petitioner : Mr.B.Saravanan, Senior Counsel assisted by Mr.D.Kirubakaran
For Respondents : Mr.Veera Kathiravan Additional Advocate General assisted by Mr.S.P.Maharajan Special Government Pleader for R1
Mr.R.Baraneedharan for Mr.R.Murali for R2 Mr.L.P.Maurya for R3
O R D E R
[Order of the Court was made by D.KRISHNAKUMAR, J.]
Mr.S.P.Maharajan, learned Special Government Pleader, takes
notice for the first respondent, Mr.R.Murali, learned counsel, takes notice for the second respondent and Mr.L.P.Maurya, learned counsel, takes notice for the third respondent.
- With the consent of both sides, the writ petition is taken up for
final hearing at the admission stage itself.
- The notice, dated 31.01.2024, issued by the first respondent,
directing the petitioner to remove the encroachments made by him in T.S.No. 11, Block No.21, Ward No.3, Palani Town, is under challenge in the present writ petition.
- Learned Senior Counsel appearing for the petitioner would
submit that the property in question is T.S.No.11 corresponding to Old Survey No.889/1. The petitioner filed a suit in O.S.No.85 of 2020, before the District
Munsif Court, Palani, praying for permanent injunction as against the Revenue Department and the Devasthanam not to dispossess him from the property in Survey No.889/1. However, the said suit came to be dismissed by Judgment and Decree dated 03.06.2023. Challenging the same, the petitioner has filed an appeal in A.S.No.21 of 2023, before the Sub Court, Palani, wherein an order of interim stay has been granted in favour of the petitioner. Therefore, the Revenue Department has no right for removal of encroachments in the said property.
- Learned Additional Advocate General appearing for the first
respondent strongly objected to the above contentions of the learned Senior Counsel by stating that the property in question is a poramboke land and it is classified as “Temple Poramboke” in the revenue records and therefore, the Revenue Authority is the competent authority to remove the encroachments in the said survey number.
- Learned Additional Advocate General would further submit that
the Revenue Tahsildar has conducted a survey in the entire property with the assistance of the Taluk Surveyor and has found that there is an encroachment made by the petitioner by running a chip shop and Panchamirtham shop, which are to be removed.
- Learned counsel appearing for the second respondent / Devasthanam has categorically stated that in the property in question, the petitioner has no right to make any claim. Further, the Devasthanam has filed a vacate stay petition seeking to vacate the interim order granted in the appeal suit and the same is pending disposal. In view of the pendency of the said vacate stay petition, the encroachments could not be removed.
- Heard the learned counsel on either side and perused the
materials available on record.
- It is brought to the notice of this Court that for the property in
question in T.S.No.11 corresponding to Old Survey No.889/1, the petitioner filed a suit against the Revenue Department and Devasthanam praying permanent injunction not to dispossess him from the said property. The said suit came to be dismissed. Challenging the same the petitioner preferred an appeal, wherein the first Appellate Court has granted an interim order in favour of the petitioner. In the meantime, the present impugned notice has been issued to the petitioner. In such circumstances, we direct the learned Sub Judge, Palani, to dispose A.S.No.21 of 2023 filed by the petitioner herein, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. It is needless to state that the petitioner shall cooperate for early disposal of the appeal suit. Till such time, the impugned notice shall be kept in abeyance. After disposal of the said appeal suit, appropriate action may be taken in accordance with law, if necessary.
- Accordingly, the writ petition is disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
[D.K.K., J.] [R.V., J.]
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Note to Office:
1.Upload in the Website today.
2.Mark a copy of this order to the Sub Judge, Palani.
Palani Taluk Office,
Palani, Dindigul District.
D.KRISHNAKUMAR , J. and R.VIJAYAKUMAR, J. krk
W. P.(MD) No.2687 of 2024and
W.M.P.(MD) No.2700 of 2024