IN THE HIGH COURT OF JUDICATURE AT MADRAS Reserved on Pronounced on

28.04.2022 06.06.2022 CORAM THE HONOURABLE MR. JUSTICE M.DHANDAPANI W.P. NOS.6440, 6918, 6445, 4692, 4693, 4908, 7454, 6914, 6909 & 4620 OF 2022 AND W.M.P. NOS.4813 TO 4816, 5053, 4740, 4741, 6534, 6539, 7460, 7461, 7463, 6948, 6946, 6536, 6541, 4811, 5057, 6532, 5056, 6540, 6950 TO

6954, 6956, 6947 & 4742 OF 2022 W.P. NO. 6440 OF 2022 Sudheshwaran .. Petitioner - Vs -

1. The District Collector Dharmapuri District Dharmapuri 636 705.

2. The District Revenue Officer Dharmapuri District Dharmapuri 636 705.

3. The Revenue Divisional Officer Dharmapuri Division Dharmapuri District Dharmapuri 636 701.

4. The Tahsildar Palacode Taluk Dharmapuri District Dharmapuri 636 808.

5. The Village Administrative Officer Jakkasamudram Village Palacode Taluk Dharmapuri Dt. 636 808.

6. The Commissioner Hindu Religious & Charitable Endowments Uthamar Gandhi Road Nungambakkam Chennai 600 034.

7. The Joint Commissioner Hindu Religious & Charitable Endowments Kottai Mariamman Temple Salem 636 001.

8. The Assistant Commissioner Hindu Religious & Charitable Endowments Dharmapuri 636 701.

9. The Executive Officer Hindu Religious & Charitable Endowments Palacode Dharmapuri District 636 808.

10.The District Registrar Dharmapuri District Dharmapuri 636 701. .. Respondents Writ Petitions filed under Article 226 of the Constitution of India praying this Court to issue a writ of certiorarified mandamus to call for the entire records in pursuant to the impugned order dated 11.01.2022 on the file of the 2^nd respondent/District Revenue Officer, Dharmapuri, in connection with the impugned order of cancellation of patta in her proceedings in Na.Ka. No.15881/2019/Pa2 dated 11.01.2022 and quash the same and consequently direct the respondents to issue patta in the name of the petitioner within the time limit fixed by this Court.

For Petitioners : Mr. C.Umashankar For Respondents : Mr.P.Sathish, AGP for RR-1 to 5 Mr. N.R.R.Arun Natarajan, Spl. GP For RR-6 to 9

COMMON ORDER

The cancellation of patta, which had been granted in favour of the respective petitioners upon purchase of the lands from the legal heirs of the original pattadars, on the premise that the lands in issue are ‘Devadayam’ lands and that it belongs to the ‘Arulmighu Adhinarayanaswamy Temple’ passed by the 2^nd respondent, viz., District Revenue Officer, has been put to test before this Court in the present batch of writ petitions.

2. The facts leading to the filing of the writ petitions, as could be culled out from the present petitions, are as under :-

The Government, in exercise of the powers under the Madras Minor Inams (Abolition & Conversion into Ryotwari) Act, (for short ‘the Act’), had taken over the lands covered by T.D. No.543 on 15.2.1965 and as a result of the taking over, the inam tenure stood extinguished and the lands stood converted into ryotwari. Since no claim was made with regard to the said lands on the basis of the Madras Minor Inams (Abolition & Conversion into Ryotwari) Rules, 1965, suo motu enquiry was initiated by the Settlement Officer pursuant to which notices were duly served on the interested parties and conduct of the enquiry led to the Settlement Officer granting patta to one Ramanuja Iyer and Doraisamy Iyer jointly on the condition that the said persons and their successors, in order to hold the land permanently, should render puja service to Sri Athinarayanaswamy Temple continuously. The said settlement patta was granted by the Settlement Officer vide proceedings in S.R. No.307 dated 1.6.1968.

3. Based on the said patta granted to the aforesaid individuals, the subject lands were alienated by the legal heirs of the said original pattadars, viz., Ramanuja Iyer and Duraisamy Iyer for the purpose of off-setting their personal requirement in favour of the petitioners herein. When the pattas were in the name of the subsequent purchasers, viz., the petitioners herein, out of blue, the 2^nd respondent had taken action suo motu a