Madras High Court
Adecalamarie vs V.Velmurugan on 13 October, 2023
W.A.No.2851 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 13.10.2023
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.2851 of 2023
1. Adecalamarie
2. Sugantha Nancy
3. J.Victoria Rina
4. Justine
5. A.John Kumar
6. Vivilian Richard John Kumar .. Appellants
Vs.
1. V.Velmurugan
2. Union Territory of Puducherry
Rep. by its Chief Secretary
Secretariat, Goubert Avenue
Puducherry – 605 001.
3. Inspector General of Registration
cum Revenue Secretary
Department of Revenue and Disaster Management
Chief Secretariat, Puducherry – 605 001.
4. The District Registrar
O/o. District Registrar
Department of Registration
Kamaraj Salai, Sakthi Nagar
Saram, Puducherry – 605 013.
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W.A.No.2851 of 2023
5. The Sub Registrar
O/o. Sub Registrar
Oulgaret, Town & Country Planning Building
Ground Floor, Jawahar Nagar
Boomianpet, Puducherry.
6. Rathinavelu
7. Mohansundari
8. M/s.Sabari Educational Society
Rep. by Manoharan
No.34, 9th Cross Street
Brindavan, Puducherry.
9. P.Aroquia Das
10. Sri Kamatchi Amman Devasthanam
Rep. by its Secretary, No.60, Bharathi Street
Puducherry.
11. Superintendent of Police
CBCID (SIT)
Puducherry. .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order in W.P.No.25472 of 2023 dated 22.09.2023.
For the Appellants : Mr.S.Xavier Felix
For the Respondents : Mr.S.Ravee Kumar
Government Pleader (Puducherry)
for R2 to R5 & R11
Mr.G.Karthikeyan
Senior Counsel
for M/s.A.Jagadeeswari & Vinodhini
for R10
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W.A.No.2851 of 2023
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
Heard Mr.S.Xavier Felix, learned counsel for the appellants,
Mr.S.Ravee Kumar, learned Government Pleader (Puducherry) for
respondents 2 to 5 and 11 and Mr.G.Karthikeyan, learned Senior
Counsel for M/s.A.Jagadeeswari & Vinodhini for respondent 10.
2. The appeal, it appears that, is filed against the interim order.
The writ petition is still pending with the learned Single Judge.
Naturally, the writ petition will have to be disposed of. The appellants
herein also have the right to file an appeal against the final order in
the writ petition.
3. Be that as it may, one of the contentions of learned counsel
for the appellants is that the Revenue Authorities or this Court could
not decide the issue of title. It is only for the Civil Court to decide the
same. The present appellants have also filed a suit before the
Principal District Court at Puducherry. It is for the appellants to
prosecute the civil suit before the Competent Civil Court, as may be
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W.A.No.2851 of 2023
permissible under law. The Civil Court certainly has to go into the
aspect of title while deciding the civil suit.
4. As the writ petition is still pending and the learned
Government Pleader (Puducherry) has made a submission that today
morning, possession of the subject property has been taken and has
been handed over to the Temple, we direct that till the disposal of the
writ petition, the nature of the property may not be changed and till
the writ petition is decided, the writ property shall not be subjected
to further alienation and transfer.
5. Accordingly, the writ appeal stands disposed of. There will be
no order as to costs. Consequently, C.M.P.No.23713 of 2023 is closed.
(S.V.G., CJ.) (D.B.C., J.)
13.10.2023
Index : Yes/No
Neutral Citation : Yes/No
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W.A.No.2851 of 2023
To
1. The Chief Secretary
Union Territory of Puducherry
Secretariat, Goubert Avenue
Puducherry – 605 001.
2. Inspector General of Registration
cum Revenue Secretary
Department of Revenue and Disaster Management
Chief Secretariat, Puducherry – 605 001.
3. The District Registrar
O/o. District Registrar
Department of Registration
Kamaraj Salai, Sakthi Nagar
Saram, Puducherry – 605 013.
4. The Sub Registrar
O/o. Sub Registrar
Oulgaret, Town & Country Planning Building
Ground Floor, Jawahar Nagar
Boomianpet, Puducherry.
5. Superintendent of Police
CBCID (SIT)
Puducherry.
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W.A.No.2851 of 2023
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
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W.A.No.2851 of 2023
13.10.2023
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