This writ petition is filed for issuance of writ of certiorarified Mandamus to quash the order passed by the fourth respondent dated 16.07.2017 and consequently to direct the respondents 1 to 4 to forbear the fifth respondent to take car festival procession through the petitioner's land property situated in Survey Number. 134/3B1, in Vakkampatti Village, Athoor Taluk, Dindigul District.
2.The petitioner is the owner of the property in Survey No.134/3B1 in Vakkampatti Village, Athoor Taluk, Dindigul District. It is the case of the petitioner that though the property is in his patta land, separate patta was also assigned in the name of the petitioner in patta No.760. While being so, it is stated that one Amalraj and others are claiming customary right of taking the sapparam on a particular festive day through the land belonging to the petitioner. It is stated that on the previous celebration, the fourth respondent appears to have granted permission for taking the sapparam of the church through the petitioner's land. No one in this case has disputed the title of the petitioner in respect of the land in Survey No.134/3B1. Hence the right to take the sapparam through the petitioner's land can be recognised only as a licence or right of easement either by prescription or by necessity or by a deed/grant. Admittedly, the contesting respondents don't claim any right as a licensee.
3.The learned counsel for the contesting respondent relied upon a document and submitted that the right in favour of his client is recognised in the said document.
4.However, the learned counsel for the petitioner seriously objected the same by stating that it is a matter for evidence and only by interpreting the document in the light of evidence that may be produced, the Civil Court may be competent to decide as to the right of any individual or body so as to permit them to bring the sapparam through somebody's land.
5.The learned counsel for the contesting respondent states that a suit has been filed by the fifth respondent for injunction. Except by the order of competent Civil Court, it is not open to the fourth respondent to decide the rights of the interested persons to have the procession by drawing the sapparam through the petitioner's land. Since it is admitted that the petitioner is the owner of the land in question, the impugned order granting permission is liable to be set aside. Since the petitioner has approached this Court on the eleventh hour, this Court expressed earlier that the permission will not be interfered with at that time with the reservation that the same will not give the fifth respondent or anyone to claim right in future. Unless, the fifth respondent establishes his right to take the sapparam through the petitioner's land as the matter of right, it is not open either to the fifth respondent to seek such prayer or to the fourth respondent to grant permission to take the sapparam through the petitioner's land in future. If the fifth respondent establishes his right by getting a declaration in favour of the group of persons by a Civil Court decree, it is open to the petitioner to enforce the right without intervention of anyone and permission can also be sought before the fourth respondent or anyone as a matter of right, if any one including the petitioner object the same.
6.This Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
To
1.The Sub Collector, District Collector Office Campus, Dindugul-624 004.
2.The Tahsildar, Taluk Office, Athoor Taluk, Athoor-624 701.
3.The Deputy Superintendent of Police, D.S.P.Office, Rural Sub Division, Dindigul, Dindigul-624 003.
4.The Inspector of Police, Dindigul Taluk Police Station, Dindigul District, Dindigul-624 001.
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