C.V.Karthikeyan, J. - (1.) The writ petitioner Kongu Nattu Vellalar Trust, represented by its Secretary B.N.Kandasamy had filed the Writ Petition against the District Collector, Namakkal District in the nature of a Writ of Certiorarified Mandamus, calling for the records relating to the order of the respondent in his proceedings in Pa.Mu.31983/2007 (L3) dated 3.12.2007 and to quash the same and consequently direct the respondent to accord/sanction permission for construction of Siddha Hospital in the Temple land in S.No. 33/2, Anaikattupalayam, Koonavellampatti Village, Rasipuram Taluk, Namkkal District.
(2.) In the affidavit filed by the Secretary of the petitioner trust in support of the Writ Petition, it had been stated that the petitioner trust had been registered under the Society Registration Act with Registration No. 44 of 1991 with the object to do various social welfare activities in the interest of the public at large. It was further stated that the land measuring 4.27 acres in S.No. 33/2, Anaikattupalayam, Koonavelampatti Village, Rasipuram Taluk, was classified as Vinayaka Temple land in the revenue records and was in possession of the people belonging to Kongu Nattu Vellalar community of that locality for maintaining the Vinayaka temple for the past more than 3 centuries. It had been stated that the temple had been in existence for several centuries and it had been maintained by the people belonging to the Kongu Vellalar Community, who also conducted periodical festivals and performed regular pujas. It had been further stated that after the formation of the petitioner trust, the petitioner had taken control of the temple and also of the land. The petitioner sought permission for construction of a larger temple in the land and the Koonavelampatti Panchayat granted approval for construction of a temple and prayer hall /meditation hall in proceedings in Na.Ka.No.5/2005-2006 dated 01.05.2006 by resolution No. 210 and 3/ 2007-2008 dated 13.07.2007. It was further stated that the petitioner then commenced construction of the temple. At that time, a private individual by name S.Dhanasekaran filed W.P.No. 25613 of 2007 claiming that the lands were Government poromboke land and that the temple was constructed without authorisation. The petitioner contested the said writ petition. Finally, the First Bench of this Court by order dated 14.08.2007 had granted permission for construction of the temple and meditation hall with the stipulation that they shall be used by all public irrespective of their community. In the said order, the Hon'ble First Bench also directed the respondent herein to decide about the requirement of a Siddha hospital within a period of three weeks. The petitioner claimed that the lands were not Government poromboke lands. The revenue records also reflected that they were not Government Poromboke lands. It was further stated that the petitioner trust spent substantital amount of money for construction of temple and meditation hall and also in the planting of herbal/medicinal plants without receiving any donation from the public. They have also put up a bore well and installed drip irrigation system. The petitioner trust has also become a member of the Medicinal Plants Board in the year 2008.
(3.) In the affidavit, it had been further stated that the respondent, contrary to the directions given in W.P.No. 25613 of 2007 by order dated 14.08.2007 had passed the order impugned in the Writ Petition dated 03.12.2007 in proceedings in Pa.Mi.No. 31983/2007 rejecting the request to establish Siddha Hospital. It is under these circumstances, seeking to call for the records and quash the said order that the present Writ Petition has been filed.;