ORDER

The Writ Petition is directed against the order dated 04.11.2019 passed by the second respondent and for direction to the respondents 2 and 3 to restore and issue patta in the name of Arulmigu Elliamman Kovil situated at S.No.488/12 to an extent of 912 sqmt of Varaguppai Village, Lalgudi Taluk, Trichy District, based on the petitioner's representation dated 21.11.2019.

2. The case of the petitioner is that the petitioner's Village Reddaiyampatti, Mohanoor Taluk, Namakkal District has more than 150 families and their ancestors constructed a temple namely Arulmigu Sree Ellaiamman Kovil in Varaguppai Village, Lalgudi Taluk, Trichy District 100 years ago and they were worshipping in the said temple without any dispute, that subsequently the petitioner and his village people are worshipping in the said temple and they are conducting temple festival every year and also at Sivarathiri days and other auspicious days, that the petitioner and his village people have created a trust in the name of Arulmigu Sree Ellaiamman Kovil Worship Trust, dated 30.08.2018 and got it registered and that the petitioner is the President of the said Trust.

3. It is the further case of the petitioner that Survey No.488/12 wherein the temple is situated, originally classified as Village Natham and the same was confirmed by the revenue officials, that the third respondent, without giving any notice to the petitioner and the other temple related people, changed the temple survey number and reduced the extent of temple property as 366 sqmt, that the petitioner, after coming to know about the same, made a representation before the respondents 2 and 3 for getting patta in the name of the temple, that the second respondent has passed the impugned order dated 04.11.2019 holding that the land in S.No.488/12 was classified as Government Poramboke and as such, patta cannot granted in the name of the temple, rejected the petitioner's representation, that in the meanwhile, the fifth respondent who has no connection whatever with the temple property, has been taking steps to construct a building in the said land in S.No.488/12, that though the petitioner informed that the property is the temple property, they have stated that the property was purchased by them from one Raju, who is the vendor of the respondents 4 and 5, that the petitioner came to know that the private respondents have purchased the property entirely different from the temple property and there was no connection whatever with the temple land, that the private respondents by alleging that the patta has not been granted in favour of the temple, rejected the representation of the petitioner and attempted to make construction and that therefore, the petitioner was constrained to file the present writ petition invoking Article 226 of the Constitution of India.

4. The fourth respondent has filed a counter affidavit stating that the respondents 4 and 5 purchased a property to an extent of 657 sqft, 611 sqft and 1948 sqft comprised in Survey No.489/2 of Veerakuppai Village, Lalgudi Taluk, Trichy District, vide sale deed dated 12.07.2017, bearing Document No.1164 of 2017 from one S.Raju and Kanimozhi and since then, they have been in possession and enjoyment of the property, that they have decided to construct a house and accordingly started a construction and the same is under progress, that in the meanwhile, the respondents 2 and 3 made an inspection in that locality and found that a temple called Arulmighu Sri Ellaiamman temple was constructed by encroaching upon poromboke land, that the respondents 2 and 3 warned the petitioners and others as they are encroachers upon the Government Porombomke land, that the petitioner with an intention to escape from the clutches of law, created a trust as Varaguppai Arulmighu Sri Ellaiamman Temple Worship Trust and on the strength of the said Trust, submitted an application before the third respondent that the temple is situated in S.No.48/12 and to give a patta in th