Madras High Court
Sakthivel vs The District Collector on 2 March, 2022
W.P.(MD)No.3854 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.03.2022
CORAM:
THE HONOURABLE MR.JUSTICE ABDUL QUDDHOSE
W.P.(MD)No.3854 of 2022
Sakthivel ... Petitioner
/Vs./
1. The District Collector,
Madurai District,
Madurai.
2. The Assistant Commissioner,
Hindu Religious and Charitable Endowments Board,
Madurai District.
3. The Executive Officer/Assistant Commissioner,
Arulmigu Subramania Swamy Thirukovil,
Thirupparankundram,
Madurai.
4. The Tahsildar,
Thirupparankundram Taluk,
Madurai.
5. The Sub Registrar,
Thirupparankundram,
Madurai. ... Respondents
1/8
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W.P.(MD)No.3854 of 2022
PRAYER: Writ Petition filed under Article 226 of the Constitution of
India for issuance of Writ of Mandamus directing the 5th respondent to
act accordingly in registering any documents pertaining to the land
bearing to the petitioner in R.S No.136/2C1A New Natham Resurvey No.
748/1 and sub division 11A, Plot No.5 at Thirupparankundram Village
Sekaram, Thirunagar, Sundar Nagar, Madurai District, after availing
detailed report over the said property, within the time frame fixed by this
Court.
For Petitioner : Mr.T.Palanisamy
For Respondents : Mr.S.Shanmugavel
Additional Government Pleader
for R1, R4 & R5
Mr.P.Subbaraj
Special Government Pleader for R2
Mr.S.Manohar
Standing Counsel for R3
ORDER
This writ petition has been filed for a Mandamus seeking for a
direction to the fifth respondent to conduct enquiry with regard to
registration of documents pertaining to the land bearing R.S.No.
136/2C1A, New Natham Resurvey No.748/1 and Sub Division 11A, Plot
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W.P.(MD)No.3854 of 2022
No.5 at Thirupparankundram Village Sekaram, Thirunagar, Sundar
Nagar, Madurai District, after getting a detailed report over the said
property, based on the petitioner's representation dated 18.02.2022,
within a time frame to be fixed by this Court.
2.The petitioner claims that the aforementioned property belongs
to him, but the fifth respondent is not registering any document on the
ground that it is a temple property. The petitioner has requested the
respondents to conduct enquiry with regard to the same. He has given a
representation on 18.02.2022 for the said purpose. Since the
representation has not been considered till date, he has filed this writ
petition.
3.Heard Mr.T.Palanisamy, learned Counsel for the writ petitioner,
Mr.S.Shanmugavel, learned Additional Government Pleader, who accepts
notice on behalf of the respondents 1, 4 and 5, Mr.P.Subbaraj, learned
Special Government Pleader, who accepts notice on behalf of the second
respondent and Mr.S.Manohar, learned Standing Counsel, who accepts
notice on behalf of the third respondent.
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W.P.(MD)No.3854 of 2022
4.The learned Additional Government Pleader appearing for the
respondents 1, 4 and 5 would submit that the subject property is a temple
property and only on that ground, the registration of the document is not
permitted.
5.However, learned counsel appearing for the petitioner would
submit that an enquiry will have to be conducted on the petitioner's
representation in terms of the Judgment of the Hon'ble Division Bench of
this Court in Sudha Ravi Kumar and Ors. Vs, The Special
Commissioner and Commissioner, Hindu Religious and Charitable
Endowments Department and others reported in 2017 (3) CTC 135 and
it is the case of the petitioner that the fifth respondent cannot refuse
registration of any document presented for registration, without
conducting an enquiry.
5.No prejudice would be caused to the respondents, if the
representation of the petitioner dated 18.02.2022 seeking for holding an
enquiry with regard to registration of document pertaining to the land
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W.P.(MD)No.3854 of 2022
bearing R.S No.136/2C1A New Natham Resurvey No.748/1 and sub
division 11A, Plot No.5 at Thirupparankundram Village Sekaram,
Thirunagar, Sundar Nagar, Madurai District, is considered on merits and
in accordance with law, in the light of the directions given by the
Division Bench of this Court in Sudha Ravi Kumar case referred to
supra, after affording a fair hearing to the petitioner and other necessary
parties, whom the fifth respondent deems fit to enquire, within a time
frame to be fixed by this Court.
6.Accordingly, this Court directs the fifth respondent to consider
the petitioner's representation dated 18.02.2022 seeking for holding an
enquiry with regard to registration of documents pertaining to the land
bearing R.S No.136/2C1A, New Natham Resurvey No.748/1 and sub
division 11A, Plot No.5 at Thirupparankundram Village Sekaram,
Thirunagar, Sundar Nagar, Madurai District, and pass final orders on
merits and in accordance with law, in the light of the directions given by
the Division Bench of this Court in Sudha Ravi Kumar case referred to
supra, after affording a fair hearing to the petitioner, the third respondent
and any other necessary parties, whom the fifth respondent deems fit to
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W.P.(MD)No.3854 of 2022
enquire, within a period of twelve [12] weeks from the date of receipt of
a copy of this order.
7.With the above direction, this Writ Petition stands disposed of.
There shall be no order as to costs.
02.03.2022
Index : Yes / No
Internet : Yes / No
sm
NOTE: In view of the present lock down owing to COVID-19 pandemic,
a web copy of the order may be utilized for official purposes,
but, ensuring that the copy of the order that is presented is the
correct copy, shall be the responsibility of the advocate/litigant
concerned.
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W.P.(MD)No.3854 of 2022
To
1. The District Collector,
Madurai District,
Madurai.
2. The Assistant Commissioner,
Hindu Religious and Charitable Endowments Board,
Madurai District.
3. The Executive Officer/Assistant Commissioner,
Arulmigu Subramania Swamy Thirukovil,
Thirupparankundram,
Madurai.
4. The Tahsildar,
Thirupparankundram Taluk,
Madurai.
5. The Sub Registrar,
Thirupparankundram,
Madurai.
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W.P.(MD)No.3854 of 2022
ABDUL QUDDHOSE, J.
sm
order made in
W.P.(MD)No.3854 of 2022
Dated:
02.03.2022
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