EXECUTIVE OFFICER Vs. DISTRICT COLLECTOR

JUDGEMENT

(1.) The writ on hand has been instituted challenging the order passed by the District Collector in proceedings dtd. 16/10/2002 under Sec. 41 of the Hindu Religious and Charitable Endowments Act, 1959.

(2.) The petitioner is Arulmighu Kallalagar Devasthanam, Alagarkoil Madurai. The petitioner / temple is an ancient temple in the State of Tamil Nadu. It is listed as public temple and notified under Sec. 46 of the Tamil Nadu Hindu Religious and Charitable Endowments Act 22 of 1959 and is being administered by the Executive Officer in the cadre of Deputy Commissioner appointed by the Government of Tamil Nadu subject to over all control of the Commissioner of Hindu Religious and Charitable Endowments, Chennai.

(3.) The petitioner states that the agricultural land of an extent of 1 acre 83 cents comprised in S.No.26 situated in Melamadai Village, Madurai North Taluk, Madurai District, being an Inam land granted to the petitioner / temple under Title Deed No.47 for Kallalagar Archana Manibam. After the Tamil Nadu Minor Inams (Abolition and Conversion Into Ryotwari) Act, 1963 (Tamil Nadu Act 30 of 1963) came into force, the lands in question being a Minor Inam, for grant of rytowari patta under the Tamil Nadu Act 30 of 1963, suo-moto enquiry was conducted by the Settlement Tahsildar, Madurai. In furtherance of the settlement enquiry, the Settlement Tahsildar No.I, (M.I), Madurai passed an order in SR.No.1146/M.I. Act/MDU/66 dtd. 18/9/1971 granting Ryotwari Patta in favour of one Pappammal on the ground that she is entitled to Kudiwaram Interest in the lands in question.