Madras High Court
G.Sankaravadivelu vs The Inspector General Of ... on 22 September, 2021
W.P.No.24372 of 2012
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.09.2021
CORAM :
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P.No.24372 of 2012 and
MP.No.1 of 2012
G.Sankaravadivelu ... Petitioner
-Vs-
1.The Inspector General of Registration,
No.100, Santhome High Road,
Chennai 600 028
2.The District Collector,
Nagapattinam District,
Nagapattinam
3.The District Registrar,
Nagapattinam Registration District,
Nagapattinam District,
Nagapattinam
4.The Tahsildar,
Vedaranyam Taluk,
Vedaranyam Town and Taluk,
Nagapattinam District
5.The Sub Registrar,
Vedaranyam
Vedaranyam Town and Taluk,
Nagapattinam District
6.Arulmigu Vedaranyeswaraswamy Thirukovil,
rep. by its Executive Officer,
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W.P.No.24372 of 2012
Vedaranyam, Nagapattinam District
(R6 impleaded as per order dated 22.11.2012
in MP.No.2 of 2012 in WP.No.24372 of 2012) ... Respondents
Prayer :-
Writ Petition filed under Article 226 of the Constitution of India praying
for the issuance of a Writ of Mandamus directing the respondents to register
the documents submitting by the absolute patta holders, who have obtained
absolute pattas through the Inam Abolition Act, 1963, based on the
representation made by the petitioner's Association dated 20.01.2012, insofar
as the Vedaranyam Pattanam lands in Vedaranyam Taluk, Nagapattinam
District.
For petitioner : Mr.S.Conscious Ilango
for Mr.V.Kasinatha Bharathi
For Respondents
For R1 to 5 : Mr.M.R.Gokul Krishnan,
Government Advocate
For R6 : Mr.S.Kingston Jerold
ORDER
The Writ Petition has been filed to issue a Writ of Mandamus directing
the respondents to register the documents submitting by the absolute patta
holders, who have obtained absolute pattas through the Inam Abolition Act,
1963, based on the representation made by the petitioner's Association dated
20.01.2012, insofar as the Vedaranyam Pattanam lands in Vedaranyam Taluk,
Nagapattinam District.
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W.P.No.24372 of 2012
2. The case of the petitioner is that the land comprised in resurvey
No.175/3A1A1A1A to an extent of 192.32 acres covered under the Inam
Abolition Act, 26 of 1963. As the Inam Abolition Act, the residents of the
Vedaranyam Pattanam village have been in continuous enjoyment of the lands
from time immemorial in succession. In accordance with the Tamil Nadu Inam
Abolition Act, the Vedaranyam Pattanam village was notified in GO.Press
No.781, Revenue Department dated 12.03.1965. As per the Act, suo motu
enquiry was conducted by the Assistant Settlement Officer, Pattukottai in his
proceedings in RP.No.473/IA/Thi/Thu/PU/71, nearly 750 residents were issued
patta and it was set aside and granted absolute patta by the proceedings dated
30.06.1993 to each one of the residents. Therefore, the petitioner sought for
direction directing the registering authorities to register the documents
submitting by the absolute patta holders who have obtained absolute patta
under the Inam Abolition Act, 1963.
3. Per contra, the learned counsel for the sixth respondent i.e. Arulmigu
Vedaranyeswaraswamy Thirukovil filed counter and submitted that the writ
petition is filed by the Association and not filed by the single person who is
affected for non registration of their respective documents. However, members
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W.P.No.24372 of 2012
of the Association have got patta only in respect of superstructure and not for
the land.
4. Heard, Mr.S.Conscious Ilango, the learned counsel for the petitioner,
Mr.M.R.Gokul Krishnan, Government Advocate appearing for the respondents
1 to 5, and Mr.S.Kingston Jerold, the learned counsel for the sixth respondent.
5. The learned counsel for the petitioner relied upon the judgment of the
Hon'ble Division Bench of this Court in the case of Sudha Ravikumar and
another Vs. The Special Commissioner and Commissioner, Chennai and
others reported in CDJ 2017 MHC 2778, wherein the Hon'ble Division Bench
of this Court by order dated 05.04.2017 held as follows:
23. This contention is seriously objected to by the
learned counsel for the petitioners. First of all we should
state that we are not going into this issue because the
constitutionality of Section 22-A of the Registration Act is
not under challenge. Secondly, whether the property which
is covered in the deed presented for registration is a
religious endowment or not in terms of the TN HR & CE Act
also cannot be gone into by us as the said dispute could be
resolved only by a Civil Court on evidence. Even the
registering authority is not competent to go into the said
disputed question as he is not exercising any judicial or
quasi judicial function. Similarly, simply because the some
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W.P.No.24372 of 2012
lands were shown as the properties belonging to the
religious institution in the register maintained by the temple,
it cannot be construed that the said land belongs to the said
religious institution. It needs to be noted that the register of
properties under Section 29 was prepared not after notice to
the interested persons. It was done unilaterally by the
religious institution. Similarly, the maintenance of the
register by updating the same is also not done after notice to
the parties who are interested in the property which is
included in the register after the preparation of the original
register. Thus, the preparation as well as the maintenance of
the register is by the unilateral act of the religious
institution and therefore likelihood of the private lands
belonging to any individual being included in the register
by error cannot be ruled out. All these issues are to be
resolved by the Civil Court. Therefore, in our considered
view, once patta has been issued under either the Tamil
Nadu Estates (Abolition and Conversion into Ryotwari) Act,
1948, Tamil Nadu Inam Estates (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. As we have already pointed out the
remedy for the religious institution is to approach the civil
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W.P.No.24372 of 2012
court for appropriate remedy.
24. But this observation of ours shall not be construed
that it is our conclusion that ryotwari patta issued to the
ryot concerned is the final adjudication relating to the title
for the property. We wish to clarify that the final
adjudication regarding the title to the property can be had
only before a Civil Court. We only say that at the time of
registration of the deed, if any objection is made by the
religious institution under Section 22-A of the Act, the
registering authority shall issue notice afford opportunity to
the parties, apply his mind and only from the materials
available before him, if he is satisfied that the land belongs
to the religious institution or given or endowed to the
religious institution, then, he shall refuse to register such
deed.
This court specifically held that once patta has been issued under either the
Tamil Nadu Estates(Abolition and Conversion into Ryotwari)Act, 1948, Tamil
Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 196 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. At the time of
registration of the deed, if any objection is made by the religious institution
under Section 22-A of the Act, the registering authority shall issue notice afford
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W.P.No.24372 of 2012
opportunity to the parties, and pass orders.
6. In view of the above, the registering authorities are directed to issue
notice to the parties concerned and if any objection is raised by the counter
parties, and after giving them opportunity of hearing and apply mind and pass
orders on merits and in accordance with law in respect of registration of said
document which is presented by the patta holders issued under Inam Abolition
Act, 1963.
7. With the above directions, this writ petition is disposed of.
Consequently, connected miscellaneous petition is closed. No order as to costs.
22.09.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
lok
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W.P.No.24372 of 2012
G.K.ILANTHIRAIYAN, J.
lok
To
1.The Inspector General of Registration,
No.100, Santhome High Road,
Chennai 600 028
2.The District Collector,
Nagapattinam District,
Nagapattinam
3.The District Registrar,
Nagapattinam Registration District,
Nagapattinam District,
Nagapattinam
4.The Tahsildar,
Vedaranyam Taluk,
Vedaranyam Town and Taluk,
Nagapattinam District
5.The Sub Registrar,
Vedaranyam
Vedaranyam Town and Taluk,
Nagapattinam District
6.Executive Officer,
Arulmigu Vedaranyeswaraswamy Thirukovil,
Vedaranyam, Nagapattinam District
W.P.No.24372 of 2012
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W.P.No.24372 of 2012
22.09.2021
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