ARULMIGHU PARASUNATHASWAMY THIRUKOIL Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) The Plaintiff, who lost its case before both the courts below, has filed this Second Appeal, against the judgement and decree, dated, 15/12/2020, passed in AS.No.1 of 2017, by the Principal Subordinate Judge, Kumbakonam, confirming the judgement and decree, dated, 2/11/2016, passed in OS.No.343 of 2010, by the I Additional District Munsif, Kumbakonam.

(2.) The case of the Plaintiff is that the Plaintiff is a Temple and it owns a Tank by name, Chandra Pushkarani, to an extent of 0.70 cents in Rs. No.118 in front of the Temple and 49 cents in Rs. No.117. There are several encroachments around the tank, in the form of huts. No action was taken on the petitions sent by the Plaintiff, seeking to remove the encroachment. However, the Defendants are attempting to give pattas to the encroachers. If the encroachment is not removed, procession of the Deity during festival days is not possible. A legal notice, dtd. 25/11/2005 was issued. The 1st Defendant had directed the 2nd Defendant to take action in this regard, but no action was taken. On 5/1/2010, another letter was sent to the 4th Defendant and the Joint Commissioner had also requested the 2nd Defendant to remove the encroachment, but, no action was taken. On 9/2/2010, the 2nd Defendant had directed the 3rd Defendant to grant patta to the encroachers, who have put up huts. In such circumstances, the suit has been filed, seeking a judgement and decree, restraining the Defendants from granting any patta to the encroachers.

(3.) The case of the Defendants, as set out in the written statement, filed by the 3rd Defendant and adopted by the Defendants 1, 2 and 4 is that a suit for mere permanent injunction, restraining the Defendants from granting of patta is not maintainable and that the civil court has no jurisdiction, regarding grant or refuse of patta, as it is barred under Sec. 14 of the Tamil Nadu Patta Pass Book Act and that without prejudice to the rights and contentions of the Defendants, proceedings to issue patta regarding the suit property were dropped at present and hence, the suit claim becomes infructuous. In such circumstances, the suit is liable to be dismissed.