Madras High Court
M.Karal Marx vs P.Varadharajan on 13 March, 2020
Author: P.N.Prakash
Bench: P.N.Prakash
C.M.P.(MD)No.2631 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 13.03.2020
CORAM:
THE HONOURABLE MR.JUSTICE P.N.PRAKASH
and
THE HONOURABLE MR.JUSTICE B.PUGALENDHI
C.M.P.(MD)No.2631 of 2020
in
W.A.(MD)No.SR13637 of 2020
M.Karal Marx ... Petitioner
Vs.
P.Varadharajan ... Respondent
PRAYER in C.M.P.(MD)No.2631 of 2020: Petition filed under
Section 151 of the Code of Criminal Procedure seeking
leave to challenge the order made in W.P.(MD)No.1464 of
2020, dated 12.02.2020.
PRAYER in W.A.(MD)No.SR13637 of 2020: Appeal filed under
Clause 15 of Letters Patent as against the order made in
W.P.(MD)No.1464 of 2020, dated 12.02.2020.
For Petitioner : Mr.R.Murali
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C.M.P.(MD)No.2631 of 2020
ORDER
(Order of the Court was made by P.N.PRAKASH,J.) In the year 1953, the Government acquired the lands of Sri Renganathaswamy Temple under the Land Acquisition Act and allotted the lands, so acquired, to Srirangam Co-operative Building Society Limited for it's members to build houses thereon. While so, one P.Varadarajan wanted to transfer his land in Plot No.C24, measuring 3600 sq.ft in favour of one R.Pothiraj and presented a sale deed for registration. The Sub-Registrar refused to register the document on the short ground that the said land belongs to the Sri Renganathaswamy Temple. Therefore, P.Varadarajan filed W.P.(MD)No.1484 of 2020 before this Court for a Mandamus to the Registrar to register the said sale deed. On notice, the Hindu Religious and Charitable Endowment Department entered appearance and conceded that the said land does not belong to the Sri Renganathaswamy Temple inasmuch as it was acquired by the State Government wayback in the year 1953 and was allotted to the Srirangam Co-operative Building Society Limited. The Department further stated that in 2/6 http://www.judis.nic.in C.M.P.(MD)No.2631 of 2020 respect of other lands covered by the acquisition, they would also not raise any objection as and when transfer documents are presented. On these submissions, the learned Single Judge allowed the writ petition on 12.02.2020, with a direction to the Sub-Registrar to register the document within two weeks. Challenging the said order, this petitioner, claiming himself to be a devotee of Sri Renganathaswamy Temple, has preferred the writ appeal and this miscellaneous petition seeking leave.
2. Heard the learned Counsel appearing for the petitioner.
3. In the opinion of this Court, this petitioner is an interloper. The land in question, as alluded to above, originally belonged to Sri Renganathaswamy Temple and it was acquired by the State Government wayback in the year 1953 and was allotted to Srirangam Co-operative Building Society Limited. The society has allotted the subject land to one K.V.Sesha Iyengar on 16.06.1953. After the death of the said K.V.Sesha Iyengar, his legal heirs have sold the property to one P.V.Pangajam in the year 3/6 http://www.judis.nic.in C.M.P.(MD)No.2631 of 2020 1977, who, in turn, has settled the property to one Dr.P.Srinivasan. Ultimately, Dr.P.Srinivasan settled the property to his younger brother, P.Varadarajan, who wanted to sell the land to R.Pothiraj. In such view of the matter, the contention of the petitioner that the temple lands have been squandered by the Government has no legs to stand.
4. The learned Counsel for the petitioner further contended that the learned Counsel for the Hindu Religious and Charitable Endowments Department has represented that the Department would give no objection for similarly placed people, which, according to the petitioner, goes beyond the scope of the writ petition. In our considered view, every person, who owns a land that was allotted to the Srirangam Co-operative Building Society Limited, need not come to the Court each time seeking permission for registration of the transfer deed.
5. Under such circumstances, this Court does not find any merit in the case of the petitioner for granting leave. Accordingly, this civil miscellaneous petition 4/6 http://www.judis.nic.in C.M.P.(MD)No.2631 of 2020 stands dismissed and the writ appeal, which is in SR stage, stands rejected.
[ P.N.P.J.,] [ B.P.J.,]
13.03.2020
Index : Yes / No
Internet : Yes / No
gk
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C.M.P.(MD)No.2631 of 2020
P.N.PRAKASH, J.,
and
B.PUGALENDHI, J.,
gk
C.M.P.(MD)No.2631 of 2020
in
W.A.(MD)No.SR13637 of 2020
13.03.2020
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