O R D E R

The prayer sought for herein is for a Writ of Certiorari, to quash the letter in Na.Ka.No.1174/2021/Aa4 dated 02.09.2021 on the file of the second respondent herein.

2. There is a Trust called, the Sri Saarangabani Swamy Ramanujam Pillai Garuda Vagana Trust. The said Trust has not been registered, however, it seems that it is undertaking some seva in the temple called Shri Sarangapani Temple, Kumbakonam. There are some immovable properties i.e., cultivable lands to an extent of 13.49 hectares at the Ilaiyur Village, Kudavasal Taluk, Thiruvarur District. In respect of these properties and the management of the Trust is concerned, there has been a dispute between the petitioner and the third respondent. Based on the said dispute, it seems that the matter has gone to the police, who in turn, in order to resolve the issue, referred to the second respondent herein i.e., the Tahsildar concerned, who is otherwise called as an Executive Magistrate of the Taluk concerned.

3. Having received the matter by reference from the police, the Tahsildar had issued notice to both the parties and after hearing them, passed an order dated 02.09.2021, under which, he ultimately concluded that there has been no dispute with regard to the land in question, which stands in the name of some of the parties who are claiming to be the Trustees of the Trust as well as in the name of the Trust and the only dispute between them was that with regard to some money transaction. Hence, there would be no impediment for those who wants to do the agricultural activities and with regard to any other issues pertaining to the loan or administration of the Trust is concerned, that can be resolved by both the parties i.e, the petitioner and the third respondent, as either of them can approach the competent Civil Court by filing appropriate suit. As against the said order passed by the Tahsildar i.e., the second respondent herein dated 02.09.2021, the present writ petition has been filed.

4. Heard Mr.A.Saravanan, learned counsel appearing for the petitioner, who pointed out that, if at all the issue has been referred to the second respondent / Tahsildar, who being the Executive Magistrate wants to take up the matter and decide the same, he could have done the same only by exercising his power under Section 145 of the Criminal Procedure Code. However, in the order, the Tahsildar has stated that there has been a Committee called the Civil Dispute Redressal Committee formed in this regard to resolve the dispute pertaining to the land or complaints received by the Revenue people or the District administration with regard to the land or land disputes and by exercising his power either as member of the Civil Disputes Redressal Committee or on behalf of the said Committee, if he passed this order, which is impugned herein, it is beyond his jurisdiction, therefore, on that ground, the impugned order is liable to be interfered with.

5. He would also submit that the petitioner has no hesitation to approach the Civil Court, in fact, he has already approached the Civil Court by filing a suit in O.S.No.83 of 2021 on the file of the District Munsif Court, Nannilam, where, permanent injunction against the third respondent was sought for and the said suit still is pending. Therefore, while directing the parties to go before the Civil Court, the Tahsildar ought not to have passed this order in a nature of declaration, to state that the lands which are in question belong to the third respondent and it stands in the name of the Trust represented by the third respondent. Therefore, on these two grounds, learned counsel appearing for the petitioner wants to assail the impugned order.

6. Heard Mr.D.Balaraman, learned counsel appearing for the third respondent, who would submit that since there are nanjai cultivable lands stand in the name of the Trust, where standing crops were there at that time and in order to cultivate the same, when the third respondent made an attempt, that was thw