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2025 DIGILAW 2081 (MAD)

Kanchi M. Manoharan v. Arulmighu Devi Sri Ellamman Amman Devastanam

2025-04-09

K.RAJASEKAR, S.M.SUBRAMANIAM

body2025
JUDGMENT : S.M. Subramaniam, J. The writ order dated 28.04.2024 passed in W.P.No.24576 of 2024 is under challenge in the present writ appeal. 2. The writ petition was filed by the Arulmigu Devi Sri Ellamman Amman Devastanam Temple represented by its Parambarai Nirvaga Arangavalar and writ was instituted to forbear the respondents from putting up construction of bus shelter in front of the petitioner's property situated at grama natham. The Writ Court rejected the writ petition and thus, the present Intra-Court appeal came to be instituted. 3. The petitioner claiming to be a devotee, cannot be construed as an aggrieved person. Admittedly, the bus shelter has been proposed to be constructed on grama natham land, which belongs to the Government. An individual cannot claim title over the grama natham unless it is assigned by the Government, as per the Revenue Standing Orders (RSO). It is not as if a person can physically occupy the grama natham and claim ownership or title. 4. The land seems to be vacant land and therefore, the Government can utilise the land for public purposes. Whether the land is classified as grama natham or sarkar poromboke, it vests with the Government and the Government can implement welfare schemes in the interest of public. The photographs filed by the appellant reveal that the temple situates far away from the proposed construction of the bus shelter even according to the appellant. That being so, the appellant has not established even a semblance of legal right for the purpose of entertaining the writ appeal, and consequently, the writ order impugned stands confirmed, and the Writ Appeal is dismissed. No costs. The connected Miscellaneous Petition is closed.