The Executive Officer vs Baskaran
2024 Latest Caselaw 20538 Mad

Madras High Court

The Executive Officer vs Baskaran on 29 October, 2024

Author: R.Subramanian

Bench: R.Subramanian

                                                                  W.A.(MD) Nos.2171 of 2024 and batch


                          BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                  DATED : 29.10.2024

                                                      CORAM:

                               THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
                                                 and
                              THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI

                                         W.A.(MD)Nos.2171, 2172, 2173,
                                        2174, 2175, 2176 and 2177 of 2024
                                                       and
                                      C.M.P.(MD)Nos.15249, 15253, 15254,
                                      15255, 15256, 15257 and 15259 of 2024

                 W.A.(MD)No.2171 of 2024:-

                 The Executive Officer,
                 Arulmigu Kalamega Perumal Thirukovil,
                 Thirumohur, Madurai District 625107.                    ... Appellant

                                                         -vs-

                 1.Baskaran

                 2.The Joint Commissioner,
                   Hindu Religious and Charitable Endowment Department,
                   Madurai, Madurai District - 625 001.

                 3.The Sub Registrar,,
                   Office of the Sub Registrar,
                   Y.Othakadai,
                   Madurai District.                                     ... Respondents


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                 Page 1 of 4

https://www.mhc.tn.gov.in/judis
                                                                         W.A.(MD) Nos.2171 of 2024 and batch




                           Writ Appeal filed under Clause 15 of Letters Patent to allow this Writ
                 Appeal by setting aside the order, dated 20.08.2024 made in W.P.(MD).No.18664
                 of 2022.
                                   For Appellant      : Mr.S.Manohar

                                   For Respondents    : Mr.G.Chandrasekar for R1.
                                                        Mr.S.P.Maharajan,
                                                         Special Government Pleader for R2.
                                                        Mr.P.Subbaraj,
                                                         Special Government Pleader for R3.


                                                     COMMON JUDGMENT

[Judgment of the Court was made by R.SUBRAMANIAN, J.]

The grievance of the temple is that the lands are inam lands and therefore,

the Writ Court ought not to have granted the direction as it had granted to register

the document.

2.The learned Single Judge has found that pattas have been granted to

the individuals by the Settlement Tahsildar as early as on 17.05.1967 on

condition. There was nothing on record to show that amounts have not been

paid. Once patta has been granted and the order of the Settlement Tahsildar after

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https://www.mhc.tn.gov.in/judis W.A.(MD) Nos.2171 of 2024 and batch

hearing the temple, has reached its finality, the land will vest with the pattadars

and the temple will not have any title. The prayer for Writ of Mandamus to

register a document to be executed was forced to be made because of the fact that

the registration department had put “zero” value for the land thereby, making

registration impossible. The Writ Court has also protected the right of the temple

to establish its title before a competent Civil Court. Hence, we do not see any

reason to interfere with the order of the Writ Court and the writ appeals fail and

they are accordingly dismissed. No costs. Consequently, connected miscellaneous

petitions are closed.

                 NCC              : No                    [R.S.M., J.]       [L.V.G., J.]
                 Index            : No                              29.10.2024
                 ias

                 To:

                 1.The Joint Commissioner,

Hindu Religious and Charitable Endowment Department, Madurai, Madurai District - 625 001.

2.The Sub Registrar,, Office of the Sub Registrar, Y.Othakadai, Madurai District.

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https://www.mhc.tn.gov.in/judis W.A.(MD) Nos.2171 of 2024 and batch

R.SUBRAMANIAN, J.

and L.VICTORIA GOWRI, J.

ias

W.A.(MD) Nos.2171, 2172, 2173, 2174, 2175, 2176 and 2177 of 2024

29.10.2024

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https://www.mhc.tn.gov.in/judis