IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 16.03.2022

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI

W.P.No.24713 of 2013

K.Narayanaswamy Reddiar

...Petitioner

Vs.

1.The Secretary to Government,

Revenue Department,

Government of Tamil Nadu,

Fort St.George,

Chennai 600 009.

2.The Collector,

Namakkal District,

Namakkal.

3.The Sub Collector,

Namakkal Revenue Division,

Namakkal.

4.The Headquarters Deputy Tahsildar,

Namakkal.

5.The Superintendent of Police,

Namakkal District,

Namakkal.

6.The Inspector Genral of Registration,

The State of tamil Nadu,

Santhome,

Chennai 600 028.

7.The Sub Registrar,

Erumapatti,

Namakkal Taluk and District.

8.The Commissioner,

Hindu Religious and Charitable Endowments Department,

Uthamar Gandhi Salai,

Nungambakkam,

Chennai 600 034.

https://hcservices.ecourts.gov.in/hcservices/

9.The Assistant Commissioner,

Hindu Religious and Charitable Endowments Department,

Namakkal.

10.The Executive Officer,

Arulmiguu Varadharaja Perumal Temple,

Pavithram Village,

Namakkal Taluk and District,

Pincode 637 021.

11.The Special Officer /

District Revenue Officer (Temple Lands),

Coimbatore 18.

12.G.Namachivayan

...Respondents

Prayer :

Petition filed under Article 226 of the Constitution of

India to issue a Writ of Mandamus Directing the respondents 1 to

11 herein to take necessary and appropriate action in relation

to the lands of an extent of 0.97 acres originally comprised in

Survey No.136/1 and presently comprised in Survey Nos.461/1 to

461/23 of No.172, Pavithram Village, Namakkal Taluk and

District, by rectify the revenue records by entering the

ownership of the said lands in the name of Arulmigu Varadharaja

Perumal Temple Pavithram Village cancel all the documents

purported to be executed and registered in relation to the said

lands owned by the temple by the 12th respondent and other

individuals and consequently take appropriate criminal action

against the 12th respondent herein and other persons involved in

the illegal act of conversion in the revenue records and also

execution of fraudulent documents in relation to the said lands

owned by Arulmigu Varadharaja Perumal Temple, Pavithram Village.

For Petitioner : Mr.G.Suresh Kumar

For R1 to R7

: Mr.P.Sathish

Additional Government Pleader

For R8, 9 and 10 : Mr.S.Yashwanth

Additional Government Pleader (HR&CE)

For RR12

: Mr.N.Manokaran

O R D E R

The petitioner has filed this petition for writ of Mandamus

to direct the respondents 1 to 11 herein to take necessary and

appropriate action in relation to execution of fraudulent

documents in relation to the said lands owned by Arulmigu

Varadharaja Perumal Temple, Pavithram Village.

https://hcservices.ecourts.gov.in/hcservices/

2. The case of the petitioner is that the petitioner is the

hereditary trustee of Arulmigu Varadharaja Perumal Temple and

initially he was incharge of the said Temple and thereafter it

has been administered and managed by the HR and CE Department.

One of the assets of the temple is the lands of an extent of

0.97 acres originally comprised in S.F.No.136/1 and presently

comprised in S.F.No.461-461/1 to 161/23 of No.172, Pavithram

Village, Namakkal Taluk and District and entries in the revenue

records would clearly show that the entire extent of the

property was owned by the temple and however, the officials of

the revenue department had illegally re-classified the said

lands as Gramanatham and pattas were consequently issued to

certain persons. Inspite of several complaints, absolutely no

action has been taken by the respondents and hence the

petitioner is constrained to approach this Court by filing this

Writ Petition.

3. When the matter is taken up for hearing, the learned

Additional Government Pleader appearing for the respondents 1 to

7 submitted that initially the patta was granted in favour of

the 12