W.P.(MD)No.13937 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 16.08.2022

CORAM

THE HONOURABLE MR. JUSTICE M.NIRMAL KUMAR

Writ Petition (MD) No.13937 of 2022

G.Vijaya

.. Petitioner

Versus

1.The Joint Commissioner,

Hindu Religious and Charitable Endowments Department,

Madurai.

2.The Executive Officer,

Arulmighu Kalyanasundareshwarar Kamatchiamman Thirukovil,

Melur,

Madurai District.

.. Respondents

Prayer :- Petition filed under Article 226 of the Constitution of India praying

for issuance of a Writ of Mandamus, to direct the respondents to permit the

petitioner for obtaining electricity connection in Survey No.165/2, to an extent

of 0.73 Acres, 165/3, to an extent of 0.48 Acres, 181/2, to an extent of 0.30

Acres, 181/4b, to an extent of 0.24 cents and 185/10, to an extent of 0.27

Acres, situated at Melur, Madurai District, for the purpose of drawing the

water from deep well for cultivation and to set up the barbed wire fence on the

basis of the representation given by the petitioner, dated 28.03.2022.

For Petitioner

:

Mr.R.R.Kannan

For R1

:

Mr.M.Lingadurai

Special Government Pleader

For R2

:

Mr.S.Manohar

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W.P.(MD)No.13937 of 2022

ORDER

The petitioner, who is the wife of Late.V.M.Gandhi, had sent a

representation to the second respondent on 29.03.2022 seeking permission to

dig a bore well and to obtain electricity service connection in the name of the

Temple.

2.The contention of the learned counsel for the petitioner is that the

petitioner's husband Late.V.M.Gandhi is the leaseholder of the following

Temple lands for more than 40 years.

Survey No.

Extent

Acres/Cent

165/2

0.73

165/3

0.48

181/2

0.30

181/4b

0.24

185/10

0.27

3.The petitioner's husband passed away on 14.11.2004 due to ill-health.

Thereafter, the petitioner and her son have been cultivating the lands for the

past 17 years and upto the Fasli year 1427, they have been regularly paying the

lease amount without any due. When the lands were given for lease, they were

classified as nanja lands. Thereafter, due to blockage of river water by putting

unauthorized constructions around the lands for the past 8 years, the flow of

the river water got obstructed and hence, agricultural activities could not be

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W.P.(MD)No.13937 of 2022

carried out as before. For betterment of agriculture, the primary source is the

water, hence, the petitioner needs to dig a borewell, for which, electricity

service connection is necessary.

4.In support of her claim, the petitioner had produced the receipt copies

available with her from the year 1984. The learned counsel for the petitioner

submits that the second respondent Temple filed a proceeding before the

Special Deputy Collector, Revenue Court, Madurai, in P.T.No.40 of 2017,

seeking arrears of lease amount. The Revenue Court, by order dated

19.05.2017, had directed the petitioner's son namely, G.Pandiarajan to pay a

sum of Rs.1,92,762/- towards arrears of lease amount for the Fasli years 1402

to 1417 and 1421 to 1425. Thereafter, the petitioner's son had paid a sum of

Rs.1,38,067/- on 01.11.2019, after deducting the amount of Rs.55,579/-, which

was already paid, including the amount of Rs.884/-, which was payable

towards deficit quantity of paddy. Thus, the entire amount as on 19.05.2017

had been paid. The petitioner has also paid a sum of Rs.27,873/- for the Fasli

year 1427 on 26.10.2021. Thereafter, for the subsequent years, the amount

could not be paid due to Covid-19 situation and now, the petitioner is ready to

pay the balance due within a stipulated time.

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W.P.(MD)No.13937 of 2022

5.The learned counsel for the petitioner produced photographs showing

that the land is abutted with residential plots and draining out of sewage into

the land. The learned counsel further submits that the petitioner is ready to

fe