AI Structured Summary
Not yet generated for this judgment
Judgment
R. Banumathi, J.—The Petitioner seeks for a Writ of Mandamus directing the Respondents 1 to 4 to take back the lands situated at T.S. No. 1113/2 of Dindigul Town, measuring 16 acres 17 cents, whereupon the Petitioner alleges that commercial construction were made by the 6th Respondent.
Heard Mr. R. Subramanian, learned Counsel for the Petitioner, Mr. R. Janakiramulu, learned Special Government Pleader for Respondents 1 to 5 and Mr. G.R. Swaminathan, learned Counsel for the sixth Respondent, who takes notice on behalf of the sixth Respondent.
The Petitioner is a resident of Dindigul and he is stated to be a Member of C.S.I St. Paul''s Church situated at T.S. No. 1113 of Dindigul Town. By G.O. Ms. No. 210 dated 4.2.1993, the first Respondent assigned 16 acres and 17 cents of land situated at T.S. No. 1113 of Dindigul Town to the sixth Respondent for construction of a Church, School, Hostel and Staff Quarters.
The grievance of the Petitioner is that the sixth Respondent has not put in use the assigned land for the purpose for which it was assigned viz., for constructing Church, School, Hostel and Staff Quarters, whereas the sixth Respondent is putting it different use. Further grievance of the Petitioner is that the sixth Respondent, instead of constructing a Church, School, Hostel and Staff Quarters, using the said land for commercial purposes for making money. Therefore, he seeks for a direction to the Respondents 1 to 4 to take back the lands situated at T.S. No. 1113/2 of Dindigul Town, measuring 16 acres 17 cents.
The land was assigned as per G.O. Ms. No. 210 dated 04.2.1993 and the land was in possession of the sixth Respondent for more than 70 years. The Petitioner who is aged about 39 years, hitherto, has not made any complaint about different use of the property; but has come forward with this Writ Petition only in the year 2010 only after 70 years.
From the submissions of the learned Counsel appearing for the sixth Respondent, it comes to be known that the membership was refused to the father of the Petitioner and therefore, father of the Petitioner filed O.S. No. 968/2004 on the file of the Principal District Munsif, Dindigul. It was further stated that though the Petitioner took steps to implead himself in the said suit, did not pursue the matter and therefore, the said suit came to be dismissed for non-prosecution. According to the sixth Respondent, no public interest is involved in this Writ Petition. The Petitioner has come forward with this Petition only because of personal rivalry with the Church Management.
The learned Counsel for the sixth Respondent has also drawn our attention to paragraph 3 of the affidavit filed in support of the Writ Petition. In that paragraph, the Petitioner has averred that he has already sent a representation to the third Respondent and by Memo dated 13.1.2009, the fourth Respondent has informed him that steps was already taken in the year 2001. Regarding the same, the sixth Respondent is said to have filed a petition before the Principal Bench of this Court and the same is said to be pending.
The authorities appear to have seized of the matter. In any event, we do not find any public interest involved in this Writ Petition. The Writ Petition is dismissed. No costs.