ORDER :

(PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Certiorarified Mandamus, calling for the records in Roc.J2/91317/2001 dated 16.10.2002 on the file of the I respondent herein viz., The District Collector, Madurai and quash the same in so far as it is against the petitioner-Temple concerned with a consequential direction to the I respondent to resume and re-grant the lands in question in favour of the petitioner-Temple.)

1. The writ on hand has been instituted challenging the order passed by the District Collector in proceedings dated 16.10.2002 under Section 41 of the Hindu Religious and Charitable Endowments Act, 1959.

2. The petitioner is Arulmighu Kallalagar Devasthanam, Alagarkoil Madurai. The petitioner/temple is an ancient temple in the State of Tamil Nadu. It is listed as public temple and notified under Section 46 of the Tamil Nadu Hindu Religious and Charitable Endowments Act 22 of 1959 and is being administered by the Executive Officer in the cadre of Deputy Commissioner appointed by the Government of Tamil Nadu subject to over all control of the Commissioner of Hindu Religious and Charitable Endowments, Chennai.

3. The petitioner states that the agricultural land of an extent of 1 acre 83 cents comprised in S.No.26 situated in Melamadai Village, Madurai North Taluk, Madurai District, being an Inam land granted to the petitioner/temple under Title Deed No.47 for Kallalagar Archana Manibam. After the Tamil Nadu Minor Inams (Abolition and Conversion Into Ryotwari) Act, 1963 (Tamil Nadu Act 30 of 1963) came into force, the lands in question being a Minor Inam, for grant of rytowari patta under the Tamil Nadu Act 30 of 1963, suo-moto enquiry was conducted by the Settlement Tahsildar, Madurai. In furtherance of the settlement enquiry, the Settlement Tahsildar No.I, (M.I), Madurai passed an order in SR.No.1146/M.I. Act/MDU/66 dated 18.09.1971 granting Ryotwari Patta in favour of one Pappammal on the ground that she is entitled to Kudiwaram Interest in the lands in question.

4. As against the order of Settlement Tahsildar, No.1 Madurai, the deceased 3rd respondent, who was an archagar along with one Alangara Bhattar @ Paramasami Bhattar filed an Appeal before the Inam Abolition Tribunal/Principal Sub-Judge, Madurai in C.M.A.No.373 of 1972. The learned Principal Sub-Judge, Madurai found that the Inam grant in favour of the deity was of both the warams and the appellants therein/3rd respondent and Alangara bhattar had been maintaining Archaka Services in the petitioner temple. Thus, they would be entitled to Ryotwari Patta in respect of the lands in question under Section 8(1) of the Tamil Nadu Act 30 of 1963 subject to the provisions of Section 21 of the Act. Accordingly, the Appeal was allowed by setting aside the order of Settlement Tahsildar, Madurai and thereby, Ryotwari Patta has been granted to the appellants therein viz., Serviceholders under Section 8(1) of the Act subject to the provision of Section 21 of the Act namely that they should continue to render Archaka Service in the petitioner/temple. The order of Inam Abolition Tribunal was challenged in S.T.A.No.277 of 1976 and by an order dated 08.11.1978, the order of Inam Abolition Tribunal was confirmed by dismissing the S.T.Appeal.

5. In furtherance of the order granting Ryotwari Patta, the 3rd respondent, who was in possession as a permissive occupant of the agricultural lands of an extent of 1.83 Acres comprised in S.No.26 and situated in Melamdai Village, Madurai North Taluk, Madurai District, only in the capacity of holder of the property as a Service Inam Grant for rendering Archaka Services in the petitioner/temple and under Section 21 of the Tamil Nadu Minor Inams (Abolition and conversion Into Ryotwari) Act, 1963 (Tamil Nadu Act 30 of 1963), the 3rd respondent continuous to hold the property as permissive occupant so long as he perform the services. The 3rd respondent has no right to alienate the prope