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2020 Supreme(Mad) 691
IN THE HIGH COURT OF JUDICATURE AT MADRAS
A.P. SAHI, SENTHILKUMAR RAMAMOORTHY, JJ.
Alangudi Village Panchayat, Rep. by its President, A.M. Mohan – Appellant
Versus
The Secretary to Govt. of Tamil Nadu, Department of HR & CE, Chennai & Others – Respondents
W.A. No. 333 of 2020 & CMP Nos. 5616 & 5618 of 2020
Decided on : 04-08-2020
Advocate Appeared:
For the Appellant :S. Sathiaseelan, Advocate.
For the Respondents:E. Manoharan, Kamalesh Kannan, Rajendra Raghavan, Advocate.
The court upheld the principle that a party must have legal authority or ownership over a land to claim rights to its use.
Headnote:
Writ Petition - Land Dispute - [Article 226 of the Constitution of India] - The court discussed the appellant's claim over the land, the temple authorities' claim, and the consequences of non-filing of an affidavit. The court allowed the use of the land as a parking place during the temple festival and directed the appellant to hand over the land to the temple authorities. The court found that the appellant did not have any right, title, or claim over the land, and disposed of the appeal without further orders.
Fact of the Case:
The appellant filed a Writ Petition seeking a direction to the police to forbear from interfering with the use of a land as a vehicle parking place during a temple festival.
Finding of the Court:
The court found that the appellant did not have any right, title, or ownership over the land and directed the appellant to hand over the land to the temple authorities. The court allowed the use of the land as a parking place during the temple festival and disposed of the appeal without further orders.
Issues: Dispute over land ownership, consequences of non-filing of an affidavit, and alleged criminal breach and encroachment upon private property.
Ratio Decidendi: The appellant did not have any right, title, or claim over the land. The court allowed the use of the land as a parking place during the temple festival and directed the appellant to hand over the land to the temple authorities.
Final Decision: The appeal was disposed of without further orders.
JUDGMENT :
A.P. Sahi, J.
(Prayer: Appeal filed under Clause 15 of Letters of Patent to set aside the order passed by this Court in W.P. No. 5029 of 2020 dated 27.02.2020.)
1. Heard learned counsel for the appellant, learned counsel for the respondents.
2. A Writ Petition came to be filed by the appellant A.M.Mohan, praying for a Mandamus or any other appropriate Writ for a direction the respondents 5 and 6 viz.,The Superintendent of Police, Thiruvarur and the Inspector of Police, Valangaiman Police Station, Thiruvarur District to forbear from interfering with the peaceful running of a vehicle parking place comprised in the punja land in Survey No.45/2A and in Survey No.45/2B over a certain area, as disclosed in the petition, in Alangudi village, Valangaiman Taluk, Thiruvarur District.
3. The said writ petition was disposed of observing that the petitioner has taken authority in his own hands without having any right, title or interest encroaching upon the vacant land and converting it into a car parking area to facilitate the public visiting the temple festival that was on going between 27.02.2020 and 12.03.2020.
4. The learned Single Judge found that the appellant/petitioner cannot claim any right, title or ownership over the land and accordingly, if there was any dispute of title that was between the temple authorities and the seventh respondent herein.
5. The Court allowed the using of the land as parking place for car during the period of temple festival that was on, and further called upon the writ petitioner to file an affidavit that the panchayat does not have any further interest in the said land.
6. It was further observed that if such an affidavit is not filed then it shall be open to the police to take appropriate action against the petitioner/appellant.
7. When the matter had been heard by the Bench earlier, the following order was passed on 12.03.2020:-
“After the matter was heard, the learned senior counsel on instructions has stated that an affidavit will be filed to the effect of handing over the entire land and its management with regard to the parking of vehicles including realization of fee to the Assistant Commissioner/Executive Officer, fourth respondent herein.
2. In view of the aforesaid statement made by the learned senior counsel and subject to the affidavit being filed by 16.03.2020, we direct that the appellant shall not be compelled to file the affidavit as directed by the learned Single Judge.
3. Let the affidavit be filed, as prayed on 16.03.2020.”
8. An affidavit came to be filed before this Court by the appellant which is dated 13.03.2020. The contents thereof is extracted herein under:-
“AFFIDAVIT OF THE APPELLANT/PETITIONER
I, A.M. Mohan, Son of G. Meenakshi Sundaram, Hindu, aged about 58 years the President, Alangudi Village Panchayat, (Gurusthalam), Valangaiman Taluk, Thiruvarur District, having and temporarily come down to Chennai do hereby solemnly affirmed and sincerely state as follows:
1. I am the appellant in the Writ Appeal filing this affidavit of undertaking given by the Appellant on 12.03.2020, when the above Writ Appeal came up for admission before this Hon'ble Court.
2. I submit that, the subject matter of the land in the Writ Petition in Survey No.45/2A and 45/2B at Alangudi Village, Valangaiman Taluk, Thiruvarur District, totally to an extent Acre 0.33 Cents now being utilized as “vehicle parking”for the Lord Abath Sagayeeswarar Temple (Gurusthalam) and Lord Abhaya Vardharaja Perumal Temple, Alangudi. Since, as per the documents as also claimed by the counsel for HR & CE that it is the land belongs to Lord Abath Sagayeeswarar Temple, Lord Abhaya Varadharaja Perumal Temple, Alangudi; I hereby undertake to handover the subject matter of land in S.No.45/2A & 45/2B at Alangudi Village, Valangaiman Taluk, Thiruvarur District, to the 4th respondent namely, The Assistant Commissioner/Executive Officer, Lord Abath Sagayeeswarar Temple and Lord Abhayavaratharaja Perumal Temple at Alangudi Village, Val
