W.P.Nos.9141, 8190 and 13325 of 2024
R. SURESH KUMAR, J.
AND S.SOUNTHAR, J.
(Order of the Court was made by R.SURESH KUMAR, J.)
Pursuant to our last order dated 05.09.2024, today when the case is taken up for hearing, the District Collector, Cuddalore has filed a further status report dated 11.09.2024, where, inter-alia the District Collector has stated the following:
” In pursuant to the above said order in this case dated
05.09.2024, the Sub Registrar, O/o The Sub Registrar, Kurinjipadi, Cuddalore District and the Sub-Registrar, O/o. The Sub-Registrar, Vadalur, Cuddalore District has been added as member of the special team vide the proceedings of the District Collector in V3/792212/2023 dated 06.09.2024. The detailed report submitted by the Committee pursuant to the order in this case dated 05.09.2024 is as follows:
It is submitted that on perusal of the (1) 1887-1888 Survey and Settlement Register of Vadalur, Parvathipuram Village (2) 1919 Revision Survey and Resettlement Register and (3) 1975 Resurvey and Settlement Register of Vadalur, Parvathipuram Village, the extent of the Survey numbers in respect of the subject land in each of the registers are as follows:
In 1887-1888 Survey and Settlement Register – 107.20 Acres
In 1919 Revision Survey and Resettlement Register – 107.08 Acres
In 1975 Resurvey and Settlement Register – 105.62 Acres
It is submitted that the survey numbers in 1975 Resurvey and Settlement Register of Vadalur, Parvathipuram Village have been sub-divided and various registrations have been made over time.
On detailed scrutiny of survey numbers by the committee members in the 1975 Resurvey and Settlement Register of Vadalur, Parvathipuram Village, extent of land registered in 1975 Re-Survey and Settlement A-Register and extent of land registered at present online Tamil Nilam (Rural) A-Register (Maintenance record) is as follows:
Sl.
No. Patta number, Pattadharar and Govt.land details Asper 1975 resurvey
settlement A
Register As per Tamil
Nilam Register (Maintenance Record)
Hec-Ares-Sq.m Hec-Ares-Sq.m
1 97-Vadalur Sri Ramalinga Swamigal 28.70.00 23.59.50
2 16577 – Thiry.Arulprakasa Vallalar
Theiva Nilayam – 0.04.00
3 382-Sathya Gnana Sabai Tharkala
Nambagar (Parvathipuram-Vadalur) 3.05.00 3.05.00
4 534 – Samarasa Sanmarga Nilayam
Tharkala Nambagar (ParvathipouramVadalur) 0.94.00
5 1651 & 16102 Sabanatha Oli
Sivachariyar Sathyagnana Tharkala Nirvaga Adhigari – 05.08.90
6 Private Parties 6.59.00 7.50.60
7 Roads 2.31.50 2.31.50
8 Government Hospital 1.16.50 1.16.50
Total 42.76.00 Hec
(105.62 Acres) 42.76.00 Hec
(105.62 Acres)
Details as per the record about the land in the name of Sabanatha Oli Sivachariyar Sathyagnana Tharkala Nirvaga Adhigari mentioned above in Sl.No.5:
It is humbly submitted that as per the proceedings of Tahsildar, Cuddalore in R.T.R.177/85-86, dated 26.07.1985, S.No.257/1 measuring an extent of 28.70.00 Hec. of land at Parvathipuram village, Cuddalore Taluk for which Patta No.97 registered int he name of Sri.Ramalinga Swamigal Dharmasalai Thargala Nambagar was ordered to be subdivided into S.No.257/1A measuring an extent of 22.93.05 Hec, S.No.257/1B measuring an extent of 1.32.50 Hec, S.No.257/1C measuring an extent of 0.85.50 Hec, S.No.257/1D measuring an extent of 2.92.50 Hec and
S.No.257/1E measuring an extent of 0.66.0 Hec and for S.No.257/1B, 1C and 1D measuring an extent of 5.10.50 Hectare,
Patta has been transferred to the name of Sabanatha Oli Sivachariyar.
One G.Subramanian has filed a writ petition in W.P.No.25304 of 2009 before the Hon’ble High Court at Madras to direct the District Revenue Officer, Cuddalore to pass orders on his representation stating that the petitioner had encroached the lands of the Government in Old Survey No.334/1, New Survey Number No.257/1D measuring an extent of 3.35 Acres and sold out the same by sub-dividing the land, to various persons and hence to cancel the sale deeds executed by the petitioner, Sabanatha Oli Sivachariyar.
In pursuant to the order of the Hon’ble High Court dated 22.12.2009 the then District Revenue Officer, Cuddalore disposed the case in Na.Ka.V5/45849/2009 dated 04.08.2011 by upholding the cancellation of patta issued by the Tahsildar, Cuddalore stating that the patta issued in the name of Sathya Gnana Sabai was given to Sababathi Sivachariyar only for doing Dharma Paripalanam and has no right to transfer the property and directed to implement the cancellation order.
The above said Sabanatha Oli Sivachariyar filed W.P.No.1800 of 2013 before the Hon’ble High Court to quash the above said order of District Revenue Officer.
The Hon’ble High Court, Madras in its order dated
13.01.2020 in W.P.No.1800 of 2013 has set aside the order of District Revenue Officer dated 04.08.2011 as the petitioner has specifically raised the point with regard to the jurisdiction of the first respondent to act as an appellate authority over his own order.
The Hind Religious and Charitable Department have prepared to file a Writ Appeal before the Hon’ble High Court, Madras against the order in W.P.No.1800 of 2013.
Details as per the record about the land in the name of private parties mentioned above in Sl.No.6:
It is humbly submitted that as per the proceedings of the Tahsildar, Kurinjipadi Vide Letter No.V3/1871/2024 dated 05.09.2024 teams have been formed to inspect the subject land which is occupied by houses, shops and any other constructions by private parties (mentioned above in S.No.6). As per the said proceedings, field inspection was carried out and the report submitted in respect of the various pieces of land measuring an extent of 7.50.60 hectare (18.54 Acre) which have been registered under individual names as per patta is enclosed along with their address, occupation and other relevant particulars. Encumbrance Certificate in respect of 14 survey numbers in respect of the various pieces of 7.50.60 hectare (18.54 Acre) of land is enclosed.”
- Along with the said report, a chart containing the details with regard to the name, extent and the relevant documents of various individuals / persons who had been in occupancy of various pieces of lands at Survey Numbers, which covered the total land belongs to the temple ie., Vallalar Temple at Parvathipuram, Vadalur also has been filed. In the said chart, 400 plus individuals name had been given. Out of whom, some of them who are presently living or occupying or holding the respective lands, are claiming title or ownership of the same. The remaining people might have been the
predecessors, claiming to be, in title of them. - Therefore, insofar as the resolvement of the issue as to how these individuals have claimed title or ownership in respect of the respective pieces of land which originally belongs to the Vallalar temple, those who are presently occupying or holding or claiming title or ownership of such pieces of land have to be heard. Therefore, those people alone have to be impleaded as party impleaded in this lis. In order to enable this Court to make such an exercise to implead them, the list of such individuals who are presently occupying or claiming ownership or title of various survey numbers of the lands belongs to the Vallalar temple at Parvathipuram Village, Vadalur in Cuddalore District, their name, occupation, address as well as the survey numbers of the pieces of lands, which they are enjoying or occupying have to be ascertained, enumerated and be filed before this Court by the Revenue Department.
- Hence, the respondents / District Collector is hereby directed to undertake such exercise and file such a report after completing the enumeration of the present occupants or persons, who at present claim ownership of various pieces of land at various survey numbers which originally belong to Vallalar Temple and such a report shall be filed by the District Collector on the next hearing dated ie., on 19.09.2024.
- Post the matter on 19.09.2024.
(R.S.K.,J.) (S.S.,J.)
12.09.2024
KST 1/2
Note : Issue order copy today (12.09.2024)
R. SURESH KUMAR, J.
AND S.SOUNTHAR, J.
KST
W.P.Nos.9141, 8190 and
13325 of 2024
12.09.2024
