Madras High Court
T.K.Mohamed Shagee vs The Sub Registrar on 15 December, 2021
W.P.No.17097 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.12.2021
CORAM
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.17097 of 2021
T.K.Mohamed Shagee ... Petitioner
vs.
1.The Sub Registrar,
Sub Registrar's Office,
Sulur – 641 402,
Coimbatore District.
2.The Commissioner of HR and CE,
Chennai.
3.The Executive Officer,
Arulmigu Thiruvenkadanatha Perumal Arulmigu
Vaithianathaswamy Thirukkoil Temple,
Coimbatore. ... Respondents
(R2 and R3 suo motu impleaded vide order
dated 16.08.2021 made in W.P.No.17097/2021)
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Mandamus, directing the respondent herein to
register the Sale Deed document dated 21.10.2020 pending before the
respondent herein under pending document No.88 of 2020 forthwith and
consequently release the same to the petitioner herein.
1/10
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W.P.No.17097 of 2021
For Petitioner :Mr.T.R.Rajagopalan (Senior Counsel)
for Mr.Susindran
For R1 :Mr.Yogesh Kannadasan
Special Government Pleader
For R2 and R3 :Mr.T.Chezhian
Additional Government Pleader (HR and CE)
ORDER
This writ petition has been filed to issue a Writ of Mandamus,
directing the 1st respondent herein to register the Sale Deed dated
21.10.2020 pending before the 1st respondent herein under pending
Document No.88 of 2020 forthwith and consequently, to release the same to
the petitioner herein.
2. The case of the petitioner is that the property comprised in
S.No.21/2 ad-measuring to an extent of 6.37 acres situated at
Kannampalayam Village, Palladam Taluk (Now Sulur Taluk), Coimbatore
District, owned by one Thirumoorthy and other sons of Perumal Naidu by
virtue of Partition Deed dated 19.10.1932 under registered vide Document
No.1922 of 1932 on the file of the Sub-Registrar, Sulur Taluk. The said land
was Inam Land and the Settlement Tahsildar-II, Gobichettipalayam, by his
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W.P.No.17097 of 2021
proceedings in SR.No.768/MI Act/Palladam Taluk/67 dated 20.07.1967
passed an order directing the Tahsildar, Palladam, to issue Ryotwari Patta to
Thirumoorthy Naidu and his brothers under Section 21 (3) of Madras Minor
Inam (Abolition and conversion into Ryotwari) Act, 1963. The said
Thirumoorthy died on 09.07.1990. After his demise, his legal heirs sold the
said property in favour of Mrs.M.Sivagami and Mrs.Kalaivani by the Sale
Deed dated 30.06.2005 registered vide Document No.3926 of 2005.
3.Thereafter, on 22.09.2014 the said Mrs.M.Sivagami and
Mrs.Kalaivani have sold the property in favour of one Mr.J.Saravanan
registered vide Document No.9084/2014. Thereafter, the patta was also
issued in favour of him in Patta No.2215. In turn, he sold the property in
favour of the petitioner by the registered Sale Deed dated 21.10.2020 and
the same was presented before the 1st respondent for registration. It stood
pending in Pending Document No.88/2020. It was refused to register by the
1st respondent for the reason that the Tamil Nadu Hindu Religious and
Charitable Endowments Department had given a letter dated 05.02.2013
objected the registration of the sale deed and by a letter dated 02.12.2020 in
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W.P.No.17097 of 2021
Na.Ka.No.403/2020 directed the petitioner to obtain no objection letter from
the Tamil Nadu Hindu Religious and Charitable Endowments Department
for registration of the petitioner's sale deed.
4. The learned Senior Counsel appearing for the petitioner
submitted that when the petitioner's vendor presented the sale deed dated
22.09.2014 for registration and the same was duly registered vide Document
No.9084/2014. Even on the date of registration, the alleged objection raised
by the Tamil Nadu Hindu Religious and Charitable Endowments
Department was pending on the file of the 1st respondent. However, the same
was registered and only the sale deed presented by the petitioner now is kept
pending for the reason that the predecessors in title over the property, the
title was provided with Ryotwari Patta for the subject land sought to be
registered for sale by the Government Authority and the said patta still
stands in the name of the petitioner's vendor. He also relied upon the
judgment of the Hon'ble Division Bench of this Court reported in 2017 (3)
CTC 135, which reads as follows:-
“Therefore in our considered view, once patta has
been issued under either the Tamil Nadu Estate (Abolition and
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W.P.No.17097 of 2021
conversion into Ryotwari) Act, 1963 and the Tamil Nadu Minor
Inams (Abolition and conversion into Ryotwari) Act, 1963, it is
for the temple to establish its title before the Civil Court. The
Registrar is bound to act on the basis of the Ryotwari patta
issued by the authority concerned and he shall not refuse to
register the said deeds. As we have already pointed out the
remedy for the religious institution is to approach the Civil
Court or appropriate remedy.”
5. In view of the above, the Hon'ble Division Bench of this Court
held that the 1st respondent ought to have registered the sale deed presented
for registration in Pending Document No.88/2020 in view of the fact that the
Ryotwari Patta was issued in favour of the petitioner's predecessors in title
for the land sought to be registered under the said document.
6. While pending the writ petition, the 2nd and 3rd respondents
were impleaded and the 3rd respondent filed counter affidavit dated
20.11.2021, stating that the subject property is exclusively belongs to the
minor Deity of the 3rd respondent/Temple by way of 'Malaikurri Manibam',
which was confirmed in the order dated 20.07.169 in S.R.No.768/NI
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W.P.No.17097 of 2021
Act/Palladam Taluk, issued by the Court of the Settlement Tahsildar,
Gobichettipalayam. The Inam lands are granted with burden of service only.
The said Manibathar or their successors have no legal right to sell the said
Manibam property. It shall automatically come under the exclusive right of
the minor Deity of the suit temple, if the said Manibathars failed to do the
said Manibam work. If they had made any alienation on the said property,
then the said sale proceedings shall become null and void and had no legal
validity in it. Therefore, the Tamil Nadu Hindu Religious and Charitable
Endowments Department raised objections even as early as on 05.02.2013
itself. Mere registration of the earlier sale deed dated 22.09.2014 does not
take away the legal rights of the minor Deity of the suit temple.
7. Further, revealed that the subject property which was granted
for the support of Thiruvenkadanatha Swamy Temple of Sulur.
Subsequently, after the enactment of the Tamil Nadu Minor Inams (Abolition
and conversion into Ryotwari) Act, 1963 and as per the said Act, the Special
Settlement Tahsildar, Gobichettipalayam was appointed to deal with the
subject property. The Special Settlement Tahsildar, Gobichettipalayam, by
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W.P.No.17097 of 2021
his proceedings in S.R.No.768 of 1967, dated 20.07.1967 granted patta
under Section 8(2)(ii) of the Ryotwari Section 21(3) of the Minor Inams
(Abolition and conversion into Ryotwari) Act, 1963 in favour of the
Thirumurthy Naidu son of Perumal Naidu, to an extent of 13.63 acres
comprised in S.F.Nos.21/1 and 21/2, Sulur Village and imposed condition
that the service holders should enjoy the lands but to continue to do the
service. Therefore, the condition patta had granted in favour of Thirumurthy
for doing service for the said temple. Hence, the 3rd respondent/temple is the
absolute owner of the property in S.F.Nos.21/1 and 21/2 in Sulur Village. As
per Section 21(6)(b), if service holders fail to do service to the said temple,
the property shall absolutely belongs to the Religious Institution.
8. In this regard, the Tahsildar had also called for objection on
21.09.2021, on the request made by the 3 rd respondent/temple. Therefore, it
is pending before the Tahsildar for adjudication. In fact, the petitioner's
vendor purchased the subject property and his sale deed was duly registered
vide Document No.9084/2014 on 22.09.2014 by the 1st respondent herein.
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W.P.No.17097 of 2021
9. As held by the Hon'ble Division Bench of this Court in the
judgment reported in 2017 (3) CTC 135, once patta has been issued under
either Tamil Nadu Estate (Abolition and conversion into Ryotwari) Act, 1963
and the Tamil Nadu Minor Inams (Abolition and conversion into Ryotwari)
Act, 1963, it is for the temple to establish its title before the Civil Court. The
Registrar is bound to act on the basis of the Ryotwari Patta issued by the
authority concerned and he shall not refuse to register the said deeds.
10. In view of the above, the 1st respondent is directed to register
the sale deed which was presented for registration dated 21.10.2020 under
Pending Document No.88 of 2020 and release the same to the petitioner.
However, the 3rd respondent is at liberty to file a suit to establish his title
over the property. The registration of the sale deed dated 21.10.2020 subject
to the result of the suit, if any.
11. With the above direction, the writ petition is disposed of. No
costs.
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W.P.No.17097 of 2021
15.12.2021
Index:Yes/No
Speaking Order: Yes
dm
To
1.The Sub Registrar,
Sub Registrar's Office,
Sulur – 641 402,
Coimbatore District.
2.The Commissioner of HR and CE,
Chennai.
3.The Executive Officer,
Arulmigu Thiruvenkadanatha Perumal Arulmigu
Vaithianathaswamy Thirukkoil Temple,
Coimbatore.
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W.P.No.17097 of 2021
G.K.ILANTHIRAIYAN, J.
dm
W.P.No.17097 of 2021
15.12.2021
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