Madras High Court
P.Jayavelu vs The Joint Commissioner on 28 April, 2023
WP No.13448 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28-04-2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
WP No.13448 of 2023
P.Jayavelu ... Petitioner
Vs.
1.The Joint Commissioner,
Office of the Joint Commissioner,
Hindu Religious and Charitable Endowments,
Vellore and District.
2.The District Registrar (Administration),
Office of the District Registrar,
Registration Department,
Vellore and District.
3.The Sub-Registrar,
Office of the Sub-Registrar,
Pallikonda,
Vellore and District.
4.The Special Tahsildar (Temple Lands),
Office of the Assistant Commissioner,
Hindu Religious and Charitable Endowments,
Vellore and District.
Page 1 of 8
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WP No.13448 of 2023
5.The Executive Officer,
Kingni Amman Temple,
Okkanapuram,
Anaicut Taluk,
Vellore District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorarified Mandamus, calling for the entire
records connected with the third respondent's proceedings in Refusal
No.RFL/Pallikonda/Book 2/4/2021, dated 24.08.2021 and quash the same
and consequently direct the third respondent to register the Settlement Deed
dated 27.10.2020 in respect of the petitioner's land to an extent of 0.10 cents
comprised in Old Survey No.14/1, New Survey No.14/1A1 situated at
Okkanapuram Village, Anaicut Taluk, Vellore District without insisting
NOC from the first respondent.
For Petitioner : Mr.G.Balamanikandan
For Respondents-1,4 and 5: Mr.N.R.R.Arun Natarajan,
Special Government Pleader
(HR&CE).
For Respondents-2 and 3 : Mr.T.Arunkumar,
Additional Government Pleader.
ORDER
The writ on hand has been instituted challenging the
proceedings of the third respondent-Sub Registrar and for a direction to
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WP No.13448 of 2023
register the Settlement Deed presented by the petitioner.
2. The order impugned passed by the third respondent-Sub
Registrar reveals that the petitioner has not submitted 'No Objection
Certificate' from the Temple Authorities.
3. The learned counsel for the petitioner states that the land
belonging to the petitioner and the Settlement Deed as presented in the
prescribed format for registration. Thus there is no reason to reject the
registration of the said Settlement Deed.
4. The learned Special Government Pleader appearing on
behalf of the respondents 1,4 and 5 furnished the copy of the Chitta and 'A'
Register and as per the said records, the subject property is belonging to the
temple and therefore, the third respondent-Sub Registrar has to conduct an
enquiry by affording opportunity to all the parties concerned and thereafter
take a decision.
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WP No.13448 of 2023
5. In this context, the judgment of the Hon'ble Division Bench
of this Court in a batch of writ petition Nos.30589 of 2013 etc., batch dated
05.04.2017 in the case of Sudha Ravi Kumar and Another vs. The
Special Commissioner and Commissioner, Hindu Religious and
Charitable Endowments Department, Chennai and Others [2017 (3)
CTC 135], wherein in paragraph-25, it has been observed as under:-
“25. In view of the above discussions, all
the writ petitions are allowed and the impugned
orders are set aside with the following directions:
(i) The registering authority
before whom the document has been
presented shall cause service of
notice on the parties to the deeds and
also to the objector / religious
institution, hold summary enquiry,
hear the parties and then either
register or refuse to register the
document by passing an order having
regard to the relevant facts as
indicated above.
(ii) If the registering authority,
refuses to register any document by
accepting the objections raised under
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WP No.13448 of 2023
Section 22-A of the Registration Act,
the aggrieved may file a statutory
appeal under the Act.
(iii) If the objections raised
under Section 22-A of the Act by the
religious institution are rejected and
the document is registered, the
remedy for the religious institution is
to either approach this Court by way
of a writ petition seeking cancellation
of the registration or for any other
relief or to approach the civil Court
for declaration of the title and for
other consequential reliefs.
(iv) If the registering authority
refuses to register the document
acting on the objections raised by a
religious institution under Section
22-A of the Registration Act, the
parties to the deed will be at liberty
to straightaway approach the Civil
Court for declaration of title and
other relief without availing the
opportunity for filing a statutory
appeal.
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WP No.13448 of 2023
(v) We further direct that if the
deed has already been registered
without there being any objection by
the religious institution under Section
22-A of the Act, the document shall
be returned to the parties concerned
leaving it open for the religious
institution to approach either the
High Court under Article 226 of the
Constitution of India or the Civil
Court for appropriate relief as
indicated above. At any rate, the
registering authority shall not
withhold the deed which has already
been registered.
(vi) Consequently the
connected miscellaneous petitions
are closed. No costs.”
6. In view of the judgment of Hon'ble Division Bench of this
Court, cited supra, the third respondent-Sub Registrar is directed to conduct
an enquiry by affording an opportunity to all the parties concerned,
including the Temple Authorities and thereafter take decision and pass
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WP No.13448 of 2023
appropriate orders on merits and in accordance with law as expeditiously as
possible.
7. With the abovesaid directions, the writ petition stands
disposed of. However, there shall be no order as to costs.
28-04-2023
Index : Yes/No
Internet: Yes/No
Speaking order/Non-Speaking order
Neutral Citation : Yes/No
Svn
To
1.The Joint Commissioner,
Office of the Joint Commissioner,
Hindu Religious and Charitable Endowments,
Vellore and District.
2.The District Registrar (Administration),
Office of the District Registrar,
Registration Department,
Vellore and District.
3.The Sub-Registrar,
Office of the Sub-Registrar,
Pallikonda,
Vellore and District.
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WP No.13448 of 2023
S.M.SUBRAMANIAM, J.
Svn
4.The Special Tahsildar (Temple Lands),
Office of the Assistant Commissioner,
Hindu Religious and Charitable Endowments,
Vellore and District.
5.The Executive Officer,
Kingni Amman Temple,
Okkanapuram,
Anaicut Taluk,
Vellore District.
WP 13448 of 2023
28-04-2023
https://www.mhc.tn.gov.in/judis
