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IN THE HIGH COURT OF JUDICATURE AT MADRAS
Mr.Justice N. ANAND VENKATESH, J
Arulmighu Kumbeswaraswami Thirukoil, Rep. by its Chairman of Board of Trustees C. Jedaiswamy – Appellant
Versus
District Collector, Collectorate, Erode District – Respondent
ORDER :
This writ petition has been filed challenging the impugned proceedings of the first respondent dated 22.07.2024.
2. The case of the petitioner Temple is that the Temple is the owner of the agricultural lands in S.Nos.97/2, 98/3 and 108/1 at Hasanur Village. All of a sudden, survey and measurements were undertaken at S.No.108/1 and when the same was objected and questioned, it came to light that the first respondent through proceedings dated 22.07.2024 had authorized the transfer of 1 acre of the property situated at S.No.108/1 in favour of the second respondent in order to erect an electricity sub-station. Aggrieved by the same, the petitioner Temple has challenged the proceedings of the first respondent dated 22.07.2024 by filing the present writ petition.
3. The third respondent has filed a counter-affidavit. The third respondent has taken a stand that there was a demand by the people living in the hill terrain seeking for electricity connection and a request was made for formation of a sub-station. On considering the said demand, a survey was done and the feasible location was identified in S.No.108/1. Considering the grievance expressed by the people, a decision was taken
Transfer of temple land requires prior permission from the HR & CE Commissioner, and failure to notify the temple violates natural justice.
Temple land classified as Poramboke cannot be utilized for purposes detrimental to the temple's interests without proper consultation, ensuring procedural fairness in administrative decisions.
The state retains ownership of Government Poramboke land, and claims of title by private entities must be substantiated by legal documentation.
Appellant has miserably failed to establish a cogent link as to who were his predecessor in title and merely stating that patta has been granted would not be sufficient and going by such statement
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