Title over land in a writ petition cannot be claimed solely based on revenue records; civil matters require appropriate adjudication.

ORDER :

C.V.Karthikeyan, J.

This writ petition has been filed for issuance of a Writ of Mandamus directing the respondents to consider and pass orders on the petitioner's representation dated 04.03.2024 and to remove the illegal constructions and part implementation of Government Project in the petitioner's land bearing Survey No.487/1H to an extent of 12.35 cents at Mathemangalam Village Panchayat, Nallampalli Taluk, Dharmapuri District.

2. The petitioner claims title to the aforementioned lands in Survey No.487/1H measuring an extent of 12.35 cents at Mathemangalam Village. In the affidavit filed in support of the writ petition, it had been stated that the father of the petitioner Ranganathan, mother of the petitioner and one Obilichetty and three others were joint owners of the property in S.No.487/1H measuring 12.35 cents at Mathemangalam Village Panchayat, Nallampalli taluk, Dharmapuri district. It had been stated that joint patta in patta No.1470 had been issued and after the death of the petitioner's father, the petitioner, her mother and Obilichetty and three others were in joint possession of the property. It had also been stated that they had however shifted their residences and moved away from the property. It had been stated that taking advantage of that fact, the respondents 4 to 7 namely the Assistant Director of Rural Development (Village Panchayat), District Rural Development, Collectorate of Dharmapuri, Dharmapuri, The Block Development Officer, Nallampalli, Dharmapuri district, The Tahsildar, Nallampalli Taluk, Dharmapuri district and the President, Mathemangalam Village Panchayat, Nallampalli Taluk, Dharmapuri District had laid a cement road, electric light pole and bore well with sintex tanks. A Banyan tree was also planted and cement platform was laid in Survey No.487/1H. This came to the knowledge of the petitioner in the year 2017.

3. It had been contended on behalf of the respondents that the land is actually temple land, belonging to Arulmigu Pattalamman Temple. Thereafter, it had been contended that the petitioner and others had given a representation before the District Revenue Officer, Dharmapuri. It had been stated that an order had been passed on 09.05.2022 that the land belongs to individuals and that there are no records to prove that the land had been given under the Inam Abolition Act for the services rendered to the temple. It had been contended that the request of the temple had been rejected. It had been further stated that on 12.12.2023, the 7^th respondent tried to lay water pipe under the Jal Jeevan Mission 2022-2023 scheme. The petitioner had protested against this act of the 7^th respondent. The petitioner had given a representation to the District Collector and other authorities. It had also been stated that there are vacant Government lands adjacent to the land of the petitioner. It had been further stated that since the representation given by the petitioner had not been considered, the present writ petition in the nature of mandamus had been filed.

4. A counter affidavit had been filed by the Block Development Officer / 5^th respondent on behalf of all the respondents. It had been stated that this property in Survey No.487/1H for which joint Patta No.1470 measuring 12.35 cents at Madhemangalam Village Panchayat, Nallampalli Taluk, Dharmapuri district had been issued belongs to Arulmigu Pattalamman Koil. It had been stated that the father of the petitioner Ranganathan and one Obilichetty, Munusamy Chetti, Obalammal and Bethana Chetti had donated their land to build the Temple. It had been therefore stated that the petitioner cannot claim any right over the land in Survey No.487/1H for which joint patta No.1470 of Venkattampatti village in Madhemangalam Panchayat had been issued. It had also been stated that about 20 years back, cement road had been laid, electric light pole had also been put up, borewell with sintex tank had also been established and cement floor had also been put up around