Madras High Court
The Central University Of vs The State Of Tamilnadu on 28 June, 2023
1 WP.No.13674 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.06.2023
CORAM
THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH
W.P No.13674 of 2023
The Central University of
Tamil Nadu
Through its Registrar
Thiruvarur. .. Petitioner
vs.
1. The State of TamilNadu
represented by its
Principal Secretary to Government
Hindu Religious and
Charitable Endowments Department
Fort. St. George Chennai.
2. The Commissioner
Hindu Religious and Charitable Endowments
Department, Nungambakkam High Road
Chennai.
3. The Joint Commissioner
Hindu Religious and Charitable Endowments
Department, Nagapattinam.
4. The District Collector
Thriruvarur.
5. The Assistant Commissioner
Hindu Religious and Charitable Endowments
Department, Thiruvarur.
6. The Executive Officer
Rajan Kattalai
Arulmighu Thiagarajaswamy Thirukoil
https://www.mhc.tn.gov.in/judis
Thiruvarur.
2 WP.No.13674 of 2023
7. The Executive Officer
Ulthurai Kattalai
Arulmighu Thiagarajaswamy Thirukoil
Thiruvarur.
8. The Executive Officer
Abhisheka Kattalai
Arulmighu Thiagarajaswamy Thirukoil
Thiruvarur. .. Respondents
Writ Petition filed under Article 226 of the Constitution of India for issuance of
a Writ of Mandamus, directing the respondents to grant permission/NOC for
execution of the sale deed in respect of the lands in Neelakudi and nagakudi Villages
in Nannilam Taluk in Thiruvrur District measuring 286.98 acres as per the proposal
submitted by the 3rd respondent to the 2nd respondent dated 10/12/2022 in
Na.Ka.No.10663/2022/E1 allotted to the petitioner University for establishing the
petitioner University and also to execute sale deeds accordingly and also to mutate
the revenue records for the said lands in favour of the petitioner University.
For Petitioner : Mr.Vr.Shanmuganathan
For Respondents : Mr.N.R.R.Arun Natarajan
Special Government Pleader
for R2, R3, R5 to R8
Mr.A.M.Ayyathurai
Government Advocate
for R1, R4
ORDER
This writ petition was filed for a direction to the respondents to grant
permission/no objection certificate for execution of the sale deed with respect to the
https://www.mhc.tn.gov.in/judis
subject property as per the proposal submitted by the 3rd respondent to the 2nd
respondent through proceedings dated 10.12.2022.
2.When the writ petition came up for admission on 28.04.2023, this Court
passed the following order:
Mr.N.R.R.Arun Natarajan, learned Special Government
Pleader takes notice for R2, 3, 5 to 8 and Mr.A.M.Ayyathurai,
learned Government Advocate takes notice for R1, R4.
2. It is seen from records that the State of Tamil Nadu
decided to acquire lands and accordingly, 516.76 acres of lands
were identified in Thiruvarur District. Some of these lands
belonged to religious institutions administered by the HR&CE
Department. The lands were acquired through private negotiations
and accordingly, 229.78 acres was transferred to the name of the
petitioner university. The remaining lands that is 286.98 acres
belonging to some of the Kattalais are yet to be transferred to the
petitioner University. The lands have already been handed over to
the University.
3.The grievance of the petitioner is that the respondents
must grant permission / No objection certificate for the execution
of the sale deed with respect to 286.98 acres of land as per the
proposal submitted by the 3 rd respondent to the 2 nd respondent
through proceedings dated 10.12.2022 and thereafter, sale deeds
must be executed in favour of the petitioner university and
appropriate mutations must also take place in the revenue records.
Since no decision was taken in this regard, the present writ petition
has been filed by the University.
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4. The learned Special Government Pleader appearing on
behalf of respondents 2, 3, 5 to 8 seeks for some time to take
instructions and get a clarification with regard to the order passed
by the Division Bench in suo-motu WP No.574 of 2015 dated
07.06.2021.
5. Post this case under the caption “For orders” on
13.06.2023.
3.The writ petition was once again listed for hearing on 13.06.2023, and this
court passed the following order:
Pursuant to the earlier order passed by this Court on
28.04.2023, the matter was posted for hearing today.
2.The learned Special Government Pleader brought to the
notice of this Court the order passed by the Division Bench in
Rev.Appl.Nos.169 and 170 of 2021, dated 02.06.2023. The learned
Special Government Pleader specifically relied upon Paragraph
No.16 of the judgment.
3.The learned counsel for the petitioner submitted that the
views of all the three Kattalais viz., respondents 6 to 8 were heard
and thereafter, the report was placed before the Commissioner and
the Commissioner considered the same and also satisfied himself
that the alienation is beneficial to the interest of the temple and
thereafter, it was placed before the Government and the
Government Order was passed by the 1st respondent in
G.O.Ms.No.221, dated 10.09.2014. The learned Counsel for the
petitioner further submitted that one of the Kattalai (6th
respondent) challenged the Government Order in W.P.No.32619 of
2014 and this writ petition was disposed of by this Court by an
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order dated 23.03.2023 and the Government Order was not
interfered. Hence, the learned counsel for the petitioner
University submitted that the alienation is in line with the
observations made by the Division Bench in the review application
and consequently, the respondents must be directed to give No
Objection Certificate for execution of Sale Deed for the lands
measuring an extent of 286.98 acres that has been allotted to the
petitioner for establishing the petitioner University.
4.The learned Special Government Pleader submitted that
final orders can be passed in this writ petition and in the
meantime, an affidavit will be filed by the 1st respondent taking
note of the observation made by the Division Bench in the Review
Application and the same may be considered while passing the
final orders. The learned Special Government Pleader sought for
some time in this regard.
5.Post this writ petition under the caption ‘For Orders’ on
28.06.2023. In the meantime, the 1st respondent is directed to file
the affidavit and an advance copy of the same shall also be
furnished to the learned counsel for the petitioner.
4.When the matter was taken up for hearing today, the learned Special
Government Pleader submitted that the 2nd respondent will take into consideration
the order passed by the Division Bench in the review application and will deal with
the representation made by the petitioner seeking for permission/no objection
certificate for execution of sale deed.
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5.In the considered view of this Court, the 2nd respondent was not in a
position to arrive at a conclusion regarding the request made by the petitioner since
at that point of time, there was no clarity on the order passed by the Division Bench
in WP.No.574 of 2015 and the review applications were also pending. Subsequently,
the final orders were passed in the review applications on 02.06.2023. In view of
the same, there is more clarity for the 2nd respondent to deal with the request made
by the petitioner seeking for permission/no objection certificate for the execution of
the sale deed with respect to the subject property.
6.This Court has already taken into account the fact that the transfer of
property in favour of the petitioner was made pursuant to the order passed by the
Government. That apart, the Government Order was put to challenge and this Court
did not interfere with the Government Order. It must be kept in mind that the
petitioner is the Central University of Tamil Nadu which has already acted upon the
Government Order and the lands have been put to use. In view of the clarity given
by the Division Bench in Review Application Nos.169 and 170 of 2021, this Court
finds that the 2nd respondent can go ahead and consider the request made by the
petitioner for permission/no objection certificate and grant the same. This process
shall be completed by the 2nd respondent within a period of six weeks from the date
of receipt of a copy of this order.
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7.This writ petition is disposed of in the above terms. No costs.
27.06.2023
Index : Yes/No
Internet : Yes/No
Neutral Citation Case: Yes/No
KP
To
1. Principal Secretary to Government
State of Tamil Nadu
Hindu Religious & Charitable Endowments Department
Fort. St. George Chennai.
2. The Commissioner
Hindu Religious and Charitable Endowments
Department, Nungambakkam High Road
Chennai.
3. The Joint Commissioner
Hindu Religious and Charitable Endowments
Department, Nagapattinam.
4. The District Collector
Thriruvarur.
5. The Assistant Commissioner
Hindu Religious and Charitable Endowments
Department, Thiruvarur.
6. The Executive Officer
Rajan Kattalai
Arulmighu Thiagarajaswamy Thirukoil
Thiruvarur.
7. The Executive Officer
Ulthurai Kattalai
Arulmighu Thiagarajaswamy Thirukoil
Thiruvarur.
8. The Executive Officer
Abhisheka Kattalai
Arulmighu Thiagarajaswamy Thirukoil
Thiruvarur.
https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH, J.
kp
WP.No.13674 of 2023
28.06.2023
https://www.mhc.tn.gov.in/judis
