P. MUTHUSAMY Vs. SUB COLLECTOR

JUDGEMENT

(1.) BY consent, the main writ petition itself is taken up for final disposal.

(2.) THE petitioner claims that he is the Managing Trustee of Arulmigu Ariyalur Pilimisai, Sri Kallanaiyar Emapuri, Sri Ponnambalanar, Sri Karuppusamy and Sri Muniyappan Temple, situated at Kuppanur, Chikkampatti Village, Omalur Taluk, Salem District and it is more than 200 years old, established by his ancestors and also a community temple. The petitioner would further state that in the year 1937, re -settlement proceedings took place and as per the resurvey, lands admeasuring to an extent of 42 cents in Survey No. 4/5, was registered/incorporated in the name of the Kuttaiyagoundan and two others and it is the case of the petitioner, that it is a mistake on the part of the revenue officials and therefore, made a request to delete the name of the Kuttaiyagoundan and the same is pending adjudication and taking advantage of the said mistake, the family of Kuttaiyagoundan, claims ownership of the temple property situated in Survey No. 4/5.

(3.) THE learned counsel for the petitioner would submit that the 1st respondent has failed to advert to the mandatory provisions of Section 145(1) of Cr.P.C., before issuing the impugned summons for appearance and for holding the enquiry and therefore, prays for quashment of the impugned order.