BEFORE THE COMMISSIONER, H.R. & C.E.ADMN.DEPARTMENT, CHENNAI-34. Thursday the 23 rd day of August Two thousand and Eighteen. Present: Tmt.R.Jaya, I.A.S., Commissioner. R.P.89/2018 D2 Between V.Murugan...Petitioner And 1.The Joint Commissioner, H.R&C.E.,Admn Dept., Tirunelveli. 2. The Assistant Commissioner, H.R&C.E.,Admn Dept., Nagercoil. 3. The Joint Commissioner/Fit person Parvathipuram Udamoottu Dharmam Parvathipuram, Kanyakumari. (attached) Arulmighu Subramania Swamy Temple, Thiruchendur, Tuticorin 628215....Respondents In the matter of Parvathipuram Udamoottu Dharmam of Arulmighu Subramaniaswamy Temple, Tiruchendur. The Revision petition filed under Section 21 of the Tamil Nadu H.R. & C.E. Act, 1959 (Tamil Nadu Act 22 of 1959) against the order dated 19.09.2017 of the Joint Commissioner, HR&CE Admn Department, Tirunelveli in M.P.No.24/2016 passed u/s. 78 of the act. Order in D.Dis.R.P.89/2018 D2 dated:23.08.2018 The above Revision petition came up for final hearing before me on 04.06.2018 in the presence of Thiru.E.Ganesh, counsel for the petitioner, M/s.A.S.Kailasam & Associates, counsel for the 2 nd respondent. Upon hearing their argument and having perused the connected records and the matter having stood over for consideration till this day, the following order is passed:- ORDER The above Revision Petition was filed under Section 21 of the Act against the order dated 19.09.2017 of the Joint Commissioner, Tirunelveli passed in M.P.No.24/2016. 2. The petitioner has stated that the land measuring about 1.5 cents, bearing No. NMC 293, K.P.Road, Nagaerkoil, bearing Old S.No.3147, R.S.No.G1/16, Vadasery village, Agasteeswaram originally belongs to
2 petitioner s father Velayutha Konar. A settlement Deed dated 18.08.1950 has executed by the Petitioner s father in favor of his eldest son Thiru.Ayyappan. Thereafter, he has cancelled the above Settlement in the year 1987 by a registered Cancellation Deed in Doc.No.1122/1987, SRO, Vadacheri. Thereafter, in the year 1995, the petitioner s father has executed a Will bequeathing the above said property in favor of the petitioner. During the resurvey of the surrounding lands, the adjacent land owner One Thiru. Kumarasamy Panicker has obtained Patta in his name. While this being so, without any legal authority, the Assistant Settlement Officer by its order dated 1.4.1976 has included the name of Udamootu Dharmam Vagai in the revenue records for certain extent of lands. Since the inclusion of the above said name has been made without any basis and circumventing the procedures contemplated under Law the said Kumaraswamy Panicker filed a Revision Petition before the Director of Settlement, Madurai. The Revision Petition was allowed thereby setting aside the order of the Assistant Settlement officer and directed to grant patta in the name of the Revision Petitioner. The said order has never been put into challenge and thus it attained finality and binding on the Devasthanam. On 17.07.2007, the Temple authorities issued a notice mentioning that the petitioner has encroached the property of the Arulmighu Subramaniaswamy Temple and asked him to appear for an enquiry on 10.08.2007. On 27.08.2007, the petitioner submitted a detailed objection by registered post. Satisfied over the reply, the officials has dropped further proceedings in relation to their notice dated 17.07.2007. Thereafter on 24.09.2014, The Assistant Commissioner/Executive officer of the temple has came up with a few officials
3 and attempted to remove the superstructure belonging to one of the Petitioner s neighbor Thiru. Chandran citing that the larger extent of land belongs to the temple. The petitioner along with his neighbors has objected against the said intervention and thwarted such unlawful attempt. Then on 30.09.2014, a detailed notice has been issued to the Respondents herein. Even thereafter, on 07.10.2014, the temple officials visited the subject premises and again caused a threat. As such, the petitioner filed a suit in O.S.No. 264/2014 on the file of 1 st Additional District Munsif Court, Nagerkoil for an injunction to restrain the Respondents from interfering with possession of the subject land by the petitioner. The above suit is still pending for adjudication. While the matter stood thus, the 1 st Respondent has initiated the proceedings u/s 78 of the Act and passed an order dated 19.09.2017. During the circumstances, on 15.03.2018 the authorities have tried to seal the house of the petitioner and taken coercive steps to vacate the petitioner. On enquiry, the copy of the impugned order has been furnished by the respondent. After knowing about the impugned order the petitioner has filed an application before the Joint Commissioner to set aside the ex-parte order. During the pendency of the said application, again an attempt has been made by the authorities to dispossess the petitioner from the subject premises. The petitioner filed the W.P.No.6069/2018 before the Honorable High Court, Madurai Bench. The Honorable High Court has directed the petitioner to file Revision Petition under section 21 of the Act. In the meanwhile, the petitioner has also filed a suit in O.S.No.129/2018 on the file of Principle Sub-Court, Nagerkoil seeking for a declaration that the Temple has no title to the subject property and to declare
4 that the impugned order is void. The above suit is sub-judice before the Competent Civil Court and pending for adjudication. 3. I heard Thiru.E.Ganesh, counsel for the petitioner, M/s.A.S.Kailasam & Associates, counsel for the 3 rd respondent and perused the relevant records. 4. The delay of 122 days in filing the Revision Petition is hereby condoned. 5. The petitioner claims that the suit property was purchased by him for valid consideration. He has also filed a declaration suit in O.S.No.129/2018 and the same is pending. The Joint Commissioner has passed the impugned order without affording sufficient opportunity to him. 6. The 3 rd respondent was appointed as Fit Person of Udamuttu Dharmam in the year 2008 and same was not challenged by anybody. However, now a suit in O.S.No.230/2016 was filed before the II nd Additional Subrodinate Judge, Nagarcoil to declare the said Trust as private family Trust and the same is pending. 7. The petitioner herein has filed O.S.No.264/2014 against the 3 rd respondent/temple praying for a decree for permanent injunction restraining the defendants from causing any sort of disturbance to the peaceful possession of the property by the petitioner and the same is also pending. However as the suit filed to decide the character of the Trust and the declaration suit filed by the petitioner are pending, Section 78 cannot be invoked against the petitioner. Therefore the order passed by the Joint commissioner is liable to be set aside. Accordingly the order dated 19.09.2017
5 of the Joint Commissioner, Tirunelveli is hereby set aside and the Revision Petition is hereby allowed. /typed to dictation/ /t.c.f.b.o./ Sd./- R.Jaya Commissioner Superintendent To 1. The Petitioner through Thiru.E.Ganesh, Advocate, No.61/23, Sakthi Avenue, South Lock Street, Kottur, Near Kotturpuram Railway station, Chennai -85. 2. The 3 rd respondent through M/s.A.S.Kailasam & Associates, No.86, Law Chambers, High Court Buildings, Madras. Copy to 3. The Joint Commissioner, H.R. & C.E. Admn.Department, Tirunelveli. (Along with file in M.P.No.24/2016) - By RPAD 4. The Assistant Commissioner, H.R. & C.E. Admn.Department, Nagercoil. 5. Extra.