Madras High Court
K.Lakshmanan vs The Inspector General Of Registration on 13 October, 2020
Author: M.Sathyanarayanan
Bench: M. Sathyanarayanan
WP.No.14662 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 13.10.2020
CORAM
THE HONOURABLE MR. JUSTICE M. SATHYANARAYANAN
AND
THE HONOURABLE MRS. JUSTICE R.HEMALATHA
WP.No.14662 of 2020
K.Lakshmanan .. Petitioner
Versus
1.The Inspector General of Registration
No.100, Santhome High Road,
Chennai 600 028.
2.The District Registrar,
Chennai (South),
Shop No.9, W Jones Road,
Saidapet, Chennai 600 043.
3.The District Registrar,
Chennai (North),
No.1, Moorthigal Lane,
Chennai 600 001.
4.The Sub Registrar,
No.4, 2nd Main Road,
Subramanian Nagar,
Pallavaram, Chennai 600 043.
1/6
http://www.judis.nic.in
WP.No.14662 of 2020
5.The Sub Registrar,
Sub Registrar Office, Sembium,
No.340, Paper Mills Road,
Jaganaathan Colony,
Perambur, Chennai 600 011.
6.R.Arunkumar
7.Sathianathan
8.Sadanandan ...Respondents
PRAYER:- Writ petition filed under Article 226 of the Constitution of
India prays to issue a Writ of Mandamus directing the 1st respondent to
conduct discrete enquiry for the documents namely the settlement deed
dated 23.09.1895 vide Doc.No.1412 of 1895 and the settlement deed dated
29.01.1965 (subsequently date altered as 11.01.1965) by the rectification
deed dated 08.08.2007 and cancel the sale deed vide Doc.No.6435 of 2007
dated 11.07.2007 on the file of S.R.O Sembium and the rectification deed
dated 08.08.2007 vide Doc.No.7189 of 2007 to the sale deed dated
11.07.2007 on the file of the S.R.O. Sembium and to take appropriate
criminal action against the executants of the above documents for having
registered the Sale Deed on the strength of the fraudulent documents take
suitable departmental or other action against the respondents 6 to 9 on the
basis of the petitioner's representation dated 20.08.2020 .
For Petitioner : Mr.M.Gnanasekar for Mr.K.Sathiyavel
For Respondents : Mr.T.M.Pappiah
Special Government Pleader
for R1 to R5
2/6
http://www.judis.nic.in
WP.No.14662 of 2020
ORDER
[Order of the Court was made by M.SATHYANARAYANAN, J.,] The petitioner is a resident of old Door No.15, New No.36, 6th Main Road, Jawahar Nagar, Chennai 600 082. He claimed that he is an ardent devotee of Arulmigu Somanathaswamy Temple, Kolathur, Chennai 600
099. According to the petitioner, the said Temple is a very ancient Temple and owns landed property comprised in T.S.No.21, admeasuring an extent of 0.70.40 hectares at Block No.2, Kolathur Village, Purasawalkam- Perambur Taluk (now Ayanavaram Taluk), Chennai. It is the specific case of the petitioner that one Mr.M.Kangeyan, son of S.Murugesan had indulged in acts of lands grabbing and also attempted to create documents in respect of temple property by fictitious and forged documents.
2. The learned counsel appearing for the petitioner has drawn the attention of this Court to the registered Settlement Deed dated 23.09.1895 bearing Doc.No.1412 of 1895, registered Settlement Deed dated 11.01.1965 bearing Doc.No.41 of 1965, Encumbrance Certificate dated 22.10.2001 bearing Sale Deed dated 11.07.2007, Doc.No.4312 of 2007 and 3/6 http://www.judis.nic.in WP.No.14662 of 2020 Rectification Deed dated 08.08.2007 bearing Doc.No.7189/2007 and would submit that the Settlement Deed dated 11.01.1965, Sale Deed dated 11.07.2007 and Rectification Deed dated 08.08.2007 are all forged documents and by adopting fraudulent methods, the temple property of the above said Temple sought to be grabbed. In this regard, a representation has also been submitted to the 1st respondent praying for appropriate action to cause enquiry and thereafter to cancel the Settlement Deed dated 23.09.1865, Sale Deed dated 11.07.2007 and Rectification Deed dated 08.08.2007 and despite receipt and acknowledgment, no action has been taken to address the grievance expressed by the petitioner and hence prays for appropriate orders.
3. Mr.T.M.Pappiah, learned Special Government Pleader accepts notice on behalf of the respondents 1 to 5 and would submit that though the Writ Petition is styled as a Public Interest Litigation, it is only a Paisa interest litigation. The petitioner has no locus standi to maintain the Writ Petition and further pointed out that though very many wild allegations have been made, the person against whom such allegations are made, namely 4/6 http://www.judis.nic.in WP.No.14662 of 2020 Mr.M.Kangeyan, has not been arrayed as party and assuming for the sake of arguments that the grievance expressed by the petitioner is genuine, still the 1st respondent cannot cancel the Settlement Deed and it is nothing but a frivolous Writ Petition and prays for dismissal of this Writ Petition with exemplary costs.
4. This Court has carefully considered the rival submission and also perused the materials placed before it.
5. The Writ Petition is styled as a Public Interest Litigation and it is the specific case of the petitioner that the land and property admeasuring an extent of 0.70.40 hectares in T.S.No.21, Kolathur Village, Purasawalkam- Perambur Taluk belongs to the Temple namely, Arulmighu Somanathaswamy Temple, Chennai 600 099 and the petitioner has not substantiated the said fact and not even produced any iota of materials to that effect. The petitioner under the garb of filing this Writ Petition, styled as a Public Interest Litigation, plans to cancel the above cited two documents as if the documents are fictitious and the petitioner in order to 5/6 http://www.judis.nic.in WP.No.14662 of 2020 sustain his case, he is under obligation to establish that the lands in question belong to the said Temple and as already pointed out no material whatsoever has been produced to substantiate the averments / allegations made in the Writ Petition. It is also to be pointed out that the prayer sought for by the petitioner may not be granted for the reason that under the provisions of Registration Act, 1908 and Rules framed therein, the 1st respondent is not vested with any jurisdiction to cancel the said registered documents.
6. In the considered opinion of this Court and as rightly pointed out by the learned Special Government Pleader, the present Writ Petition, in the form of Public Interest Litigation, is nothing but a frivolous litigation and it is filed by the petitioner to serve his personal needs and in that process, has also wasted the valuable time of this Court.
7. In the result, the Writ Petition is dismissed with a cost of Rs.10,000/- [Rupees Ten Thousand Only] and it is payable to the Executive Officer of Arulmigu Somanathaswamy Temple, Kolathur, within a period of 6/6 http://www.judis.nic.in WP.No.14662 of 2020 three weeks from the date of receipt of a copy of this order.
Call on 03.12.2020 ''for Reporting Compliance''.
[M.S.N.,J] [R.H., J]
13.10.2020
Internet:Yes /No
Index: Yes/No
sk
To
1.The Inspector General of Registration No.100, Santhome High Road, Chennai 600 028.
2.The District Registrar, Chennai (South), Shop No.9, W Jones Road, Saidapet, Chennai 600 043.
3.The District Registrar, Chennai (North), No.1, Moorthigal Lane, Chennai 600 001.
4.The Sub Registrar, No.4, 2nd Main Road, Subramanian Nagar, Pallavaram, Chennai 600 043.
5.The Sub Registrar, Sub Registrar Office, Sembium, No.340, Paper Mills Road, Jaganaathan Colony, Perambur, Chennai 600 011.
7/6 http://www.judis.nic.in WP.No.14662 of 2020 M.SATHYANARAYANAN, J.
AND R.HEMALATHA, J.
sk Note to:
The Executive Officer, Arulmigu Somanathaswamy Temple, Kolathur, Chennai 600 099, WP.No.14662 of 2020 13.10.2020 8/6 http://www.judis.nic.in