Case Note & Summary
The petitioner, P. Velusamy, filed a writ petition seeking a mandamus directing the 4th respondent (Tahsildar) to remove encroachment on Periyasamy Temple land situated in S.No.466/39, A-Palapatti Village, Senthamangalam Taluk, Namakkal District, based on a report by the 5th respondent (Revenue Inspector) dated 06.10.2023. During the enquiry, the revenue authority found that the encroachers had filed a separate writ petition, W.P.No.38964 of 2024, and the learned Single Judge passed an order on 20.12.2024 directing the respondents to grant patta in the name of the petitioner therein by considering their representation dated 10.10.2023, with a direction to complete the exercise within 8 weeks. In view of this order, the court held that the authorities must first conduct further enquiry and take a decision on the pending matter before identifying encroachments and considering the petitioner's request for removal. The court directed the respondents to consider the petitioner's representation for removal of encroachment after taking a decision in respect of the enquiry pending pursuant to the Single Judge's order, and to complete the exercise within 12 weeks from the date of receipt of a copy of the order. The writ petition was disposed of with no costs.
Headnote
A) Writ Law - Mandamus - Encroachment Removal - Direction to Consider Representation - Petitioner sought mandamus to remove encroachment on Periyasamy Temple land - Revenue authority found encroachers had filed W.P.No.38964/2024 and learned Single Judge directed consideration of representation for patta - Court held that authorities must first complete the pending enquiry pursuant to the Single Judge's order before deciding on encroachment removal - Directed respondents to consider petitioner's representation within 12 weeks after taking decision on the pending enquiry (Paras 2-5).
Issue of Consideration
Whether the court should direct the revenue authorities to remove encroachment on temple land when a related writ petition regarding patta is pending before a learned Single Judge.
Final Decision
The writ petition is disposed of with a direction to the respondents to consider the petitioner's representation for removal of encroachment after taking a decision in respect of the enquiry pending pursuant to the order of the Single Judge dated 20.12.2024 in W.P.No.38964 of 2024, within a period of 12 weeks from the date of receipt of a copy of this order. No costs.
Law Points
- Writ of mandamus
- encroachment on temple land
- pending enquiry
- direction to consider representation
Case Details
S. M. Subramaniam, K. Kumaresh Babu
Ms. M. Nathira Banu for Mr. R. Suryakumaran (for petitioner), Mr. T. Arun Kumar (Additional Government Pleader for R1-7), Mr. A. R. Balaji (for R8), No appearance for R9
The District Collector, Namakkal District; The District Revenue Officer, Namakkal District; The Revenue Divisional Officer, Namakkal District; The Tahsildar, Senthamangalam Taluk, Namakkal District; The Revenue Inspector, Alanganatham, Namakkal District; The Village Administrative Officer, A-Palapatti, Senthamangalam Taluk, Namakkal District; The Block Development Officer, Erumapatti, Senthamangalam Taluk, Namakkal District; A. Arumugam @ Kannan; Latha
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Nature of Litigation
Writ petition seeking mandamus to remove encroachment on temple land.
Remedy Sought
Petitioner sought direction to the 4th respondent (Tahsildar) to remove encroachment on Periyasamy Temple land based on a report by the 5th respondent.
Filing Reason
Encroachment on temple land; revenue authority found encroachers had filed a separate writ petition.
Previous Decisions
Learned Single Judge in W.P.No.38964/2024 dated 20.12.2024 directed consideration of representation for patta by the encroachers.
Issues
Whether the court should direct removal of encroachment when a related patta proceeding is pending before a Single Judge.
Submissions/Arguments
Petitioner sought removal of encroachment based on revenue report.
Revenue authority submitted that encroachers had filed W.P.No.38964/2024 and Single Judge had passed order for consideration of patta.
Ratio Decidendi
When a related proceeding regarding patta is pending before a court, the authorities must first complete that enquiry before deciding on encroachment removal; the court can direct consideration of representation within a reasonable time.
Judgment Excerpts
In view of the writ order, the authorities have to conduct further enquiry, and only after taking further course of action, encroachments are to be identified in order to consider the request made by the writ petitioner.
respondents are directed to consider the representation submitted by the petitioner for removal of encroachment after taking a decision in respect of the enquiry, which is pending in pursuance to the order of the Single Judge dated 20.12.2024 passed in W.P.No. 38964 of 2024.
Procedural History
Petitioner filed WP No.10669/2024 seeking mandamus for removal of encroachment. During enquiry, revenue authority found encroachers had filed WP No.38964/2024, which was allowed by learned Single Judge on 20.12.2024 directing consideration of patta representation. The present writ was disposed of on 30.03.2026 with direction to consider petitioner's representation after completion of the pending enquiry.
