W.P(MD)No.7403 of 2024 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :23.06.2025 CORAM: THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.7403 of 2024 and WMP.(MD) Nos. 6819 & 19744 of 2024 The Dharmapuram Adheenam, Represented by its Adheena Karthar, Sri-La-Sri Masilamani Desigha Gnanasambanda Paramachariar, Sri Kumbhareswarar Swami Devasthanam, Tirubhuvanam, Tanjore District. ... Petitioners vs. 1. The District Collector , Tanjore District, Tanjore. 2. The Revenue Divisional Officer, Kumbakonam, Tanjore District. 3. The Tahsildar, Thiruvidaimarudhur Taluk, Thanjavur District. 4. The Executive Officer, Thirubuvanam Village, Thiruvidaimarudhur Taluk, Thanjavur District. ...Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus forbearing the respondents or their 1/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.7403 of 2024 sub ordinates from dispossessing the petitioner of its lands in Survey No. 644/49 and 647/20, Thiruvhuvanam village, Thiruvidaimardhur taluk, Thanjavur District or in anyway demolish or proceed against the property of the petitioner without the authority of law. For Petitioner : Mr.M.Mahaboob Athiff For R1 to R3 : Mr.K.Selva Ganesan, Additional Government Pleader, for R-1 to R-3 For R4 : Mr.S.P.Maharajan, Special Government Pleader for R-4 ORDER The present Writ Petition has been filed for the issuance of a Writ of Mandamus forbearing the respondents or their sub ordinates from dispossessing the petitioner of its lands in Survey No. 644/49 and 647/20, Thiruvhuvanam village, Thiruvidaimardhur taluk, Thanjavur District or in anyway demolish or proceed against the property of the petitioner without the authority of law. 2. In their submissions, the respondents contend that the present survey number must be correlated with the old survey number. 3. However, the learned counsel for the petitioner relied on the judgment passed in O.S. No. 66 of 2024 on the file of the Principal District Munsif Court, Valangaiman at Kumbakonam, and submitted that Survey No. 79/4 2/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.7403 of 2024 is the old number, which has been numbered as Survey Nos. 644/7, 13, 14, 15, 16, 17, and 49. This reclassification has also been accepted by the respondents in their counter, the relevant portion of which is extracted below: ... “4. I humbly submit that, the property situated in the survey No.644/49 and 647/20 (old survey No.79/4) Thirubhuvanam Village, Thiruvidaimarudhur Taluk, Thanjavur District is admittedly Thoppu Paramboke and same is classified in the revenue records including the Village Adangal in the caption of Thoppu Paramboke Lands. Further as per the instruction issued by the commissioner of land Administration, Chennai dated 24.11.1992, the grazing ground, cattle stand, thrashing Floor, Burial Ground, Car Stand, Ponds, kuttais, Topes etc, subsequently the subject lands were handover to the jurisdictional local Authorities for maintaining and management of the same ”. 4. It is further submitted on behalf of the respondents that, since the classification is 'Thoppu', the petitioner has not taken any steps to reclassify the land as Atheenam property. However, the said contention is absolutely erroneous. In Tamil Nadu, no patta is issued in the name of any temple. Wherever a temple is situated, the land is generally classified as Government poramboke land and usage would be mentioned as temple. Likewise, the usage is thoppu, but the land belongs to Aatheenam. 3/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.7403 of 2024 5. Therefore, the respondents are directed to issue Patta in the name of the Aatheenam within a period of eight weeks from the date of receipt of a copy of this order. The respondents are further restrained from dispossessing the petitioner from the said survey number, since this Court has held that the land belongs to the Aatheenam, the Aatheenam is at liberty to enjoy the said property in accordance with the law. 6. With the above observations, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected Miscellaneous petitions are closed. 23.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA 4/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.7403 of 2024 To: 1. The District Collector , Tanjore District, Tanjore. 2. The Revenue Divisional Officer, Kumbakonam, Tanjore District. 3. The Tahsildar, Thiruvidaimarudhur Taluk, Thanjavur District. 4. The Executive Officer, Thirubuvanam Village, Thiruvidaimarudhur Taluk, Thanjavur District. 5/6 https://www.mhc.tn.gov.in/judis W.P(MD)No.7403 of 2024 S.SRIMATHY , J. KSA ORDER MADE IN W.P(MD)No.7403 of 2024 DATED :23.06.2025 6/6 https://www.mhc.tn.gov.in/judis