Citation : 2025 Latest Caselaw 5941 Mad
Judgement Date : 15 April, 2025
W.P.No.12586 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 15.04.2025
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.12586 of 2025
and W.M.P.No.14167 of 2025
N.Munish Purohit .. Petitioner
Versus
1. The District Registrar,
Office of the District Registrar,
Neriperichal,
Tiruppur - 641 602.
2. The Joint-II Sub-Registrar,
Office of the Sub-Registrar,
Neriperichal,
Tiruppur - 641 602.
3. The Executive Officer,
Vishweshwara Swamy Veeraghava Perumal
Thirukovil,
Hindu Religious Charitable Endowments,
Tiruppur - 641 604. .. Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India,
1/7
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W.P.No.12586 of 2025
pleased to issue a Writ of Mandamus directing the 2nd respondent to
consider the petitioner's representation, dated 02.08.2023 and further
direction directing the 2nd respondent to release the document registered in
favour of petitioner bearing registration D.No.REG202210195611395 in
pending No.14/2022, dated 19.10.2022.
For Petitioners : Mr.A.Ramesh
For Respondents : Mr.R.Sasikumar,
Government Advocate,
for RR-1 and 2
: Mr.S.Ravichandran,
Additional Government Pleader
(HR & CE), for R3
ORDER
This Writ Petition is filed with a prayer directing the second
respondent to consider the petitioner's representation, dated 02.08.2023 and
further directing the second respondent to release the document in favour of
the petitioner bearing D.No.REG202210195611395 in pending
Doct.No.14/2022, dated 19.10.2022.
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2. The grievance of the petitioner is that the above document, which is
registered in favour of the petitioner, is liable to be registered and it has to be
released. Already, a report has been given by the Executive Officer of the
temple on 28.06.2024 in favour of the petitioner.
3. Per contra, when the matter is taken up for hearing,
Mr.R.Sasikumar, learned Government Advocate, taking notice for the
respondent Nos.1 and 2, would submit that for the very same relief, for
considering the very same representation, the petitioner earlier filed
W.P.No.24728 of 2024 and on 29.08.2024, an order was passed by this Court
in the said Writ Petition. The relevant portion of the said order reads thus:-
"4. In view of the same, the respondent is directed to conduct a summary enquiry as held by the Division Bench of this Court in Sudha Ravi Kumar and other Vs The Special Commissioner and Commissioner, HR & CE Department and others reported in AIR 2017 Mad 203 and pass final orders on merits within a period of four weeks from the date of receipt of copy of this order."
4. Thereafter, they have conducted an enquiry as per the Division
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Bench judgment and finally, an order was passed on 04.11.2024 refusing the
request of the petitioner and relegating the petitioner to the Civil Court.
5. The learned Counsel also furnished a copy of the order, dated
04.11.2024 to the learned Counsel for the petitioner.
6. Therefore, keeping open the liberty of the petitioner to approach the
Civil Court or to challenge the said order, dated 04.11.2024 in the manner
known to law, this Writ Petition is disposed of. There shall be no order as to
costs. Consequently, connected miscellaneous petition is closed.
15.04.2025
Neutral Citation : no
grs
To
1. The District Registrar,
Office of the District Registrar,
Neriperichal,
Tiruppur - 641 602.
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2. The Joint-II Sub-Registrar,
Office of the Sub-Registrar,
Neriperichal,
Tiruppur - 641 602.
3. The Executive Officer,
Vishweshwara Swamy Veeraghava Perumal Thirukovil, Hindu Religious Charitable Endowments, Tiruppur - 641 604.
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D.BHARATHA CHAKRAVARTHY, J.
grs
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15.04.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 16/04/2025 12:42:59 pm )
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