Temple lands' unauthorized use by government without S.34 permission mandates compensation despite long delay, proven by ryotwari patta.

ORDER :

1. This Writ Petition is filed praying for issuance of Writ of Mandamus to call for the records pertaining to the order passed by the 6th respondent in Na.Ka.No. 25681/2022/L.R.2 dated 23.02.2023 and quash the same and consequentially issuing direction directing the 6th respondent to mute all revenue records in the name of temple so far as survey Numbers 93/1 and 93/3 and pay the appropriate amount for unauthorised use of said temple property past 53 years by considering the petitioner statement dated 17.02.2023 submitted to the 6th respondent.

2. Learned counsel for the petitioner submitted that Arulmigu Kasi Visweswaraswamy Temple is more than century old temple situated in Thali Village, Denkanikottai Taluk, Krishnagiri District. The petitioner is the Hereditary Trustee of the said temple vide order dated 04.03.1992 and has been managing the said Temple and its properties. The Temple owns vast lands comprised in SF.Nos.93/1, 93/3, 134, 135, 157, 158, 170 and 171 at Thali Village, Denkanikottai Taluk and in respect of the above SF.Nos, Ryotwari Patta was issued by the Settlement Tahsildar, Salem vide his order dated 03.10.1968.

3. Whileso, the Revenue Department has decided to use the temple lands situated in SF.No.93/1 and 93/3 for construction of Panchayat Union Office and Panchayat Agro Godown, thereby, in order to acquire temple lands for proposed construction, the 2^nd respondent, by issuing GO.Ms.No.2489 Revenue, dated 05.08.1970 sanctioned the transfer of an extent of 4.12 acres situate in SF.No.764/2 and 1.88 acre situate in SF.No.764/3 of Thali Village in exchange of the abovesaid SF.Nos proposed for construction. However, no charges were created and no assignment was made in favour of the temple as per the abovesaid GO. Hence, the petitioner submitted a detailed representation on 01.11.2021 to the 5^th respondent requesting to initiate appropriate action to get back the Temple lands in SF.Nos.93/1 and 93/3 and restore the same in favour of the Temple. Despite the representations of the petitioner dated 01.11.2021 and 21.03.2022, as the respondents are reluctant in returning the properties, the petitioner filed W.P.No.18244 of 2022 before this Court seeking to consider his representation and the above writ petition was disposed of on 19.07.2022 with a direction to the 6^th respondent/District Collector to consider the representations of the petitioner and dispose of the same on merits and in accordance with law. After adjudication, the District Collector, arrived at a conclusion except, S.Nos.93/1 and 93/3 all the lands belonging to the Temple , however, in respect of S.Nos.93/1 and 93/3, the lands were allotted for construction of BDO Office and other Government Offices and the same were constructed in the year 1965 and since the petitioner has not taken any steps having regard to the same prior to construction, the petitioner prayed for alternative land or payment of compensation for acquisition of lands in S.Nos.93/1 and 93/3. Thereby, the District Collector rejected the request of the petitioner stating that no document was filed to prove that the lands comprised in S.F.No.93/1 and 93/3 belongs to the Temple and the petitioner has failed to prove the ownership. Hence, challenging the same the present writ petition was filed.

4. Learned counsel appearing for the petitioner submitted that the 6^th respondent rejected the representation of the respondent solely on the ground that the letter dated 31.10.1970 was not proved by the Court and prior to 31.10.1970, the Settlement Tahsildar granted ryotwari patta in favour of the petitioner temple vide his order dated 03.10.1968. Subsequently, the District Coll