Madras High Court
Gopal vs The Joint Commissioner on 28 August, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
W.P.(MD)No.5023 of 2022
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 28.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
W.P.(MD)No.5023 of 2022
and W.M.P.(MD)No.2907 of 2024
Gopal
... Petitioner
Vs
1. The Joint Commissioner,
Hindu Religious and Charitable Endowment Department,
Suchindrum, Kanyakumari District.
2. The Sub Registrar,
Office of the Registration Department,
Thuckalay, Kanyakumari District.
3. The Assistant Commissioner,
HR & CE Department,
Mettu Street, Vadiveeswaram,
Nagercoil, Kanyakumari District.
(R3 is suo-motu impleaded vide Court Order,
dated.09.10.2023)
... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of India,
praying for the issuance of a Writ of Certiorarified Mandamus, calling for the
records pertaining to the Impugned Refusal Order bearing Refusal No.
RFL/Thuckalay/10/2022 dated 03.02.2022 passed by the 2nd Respondent and
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https://www.mhc.tn.gov.in/judis
W.P.(MD)No.5023 of 2022
quash same as illegal and consequently direct the 2nd respondent herein to permit
the Petitioner to present the Sale Deed with provisional number
TP/104320710/2021, dated 03.03.2022 for registration in the name of Maruthuvar
Samuthaya Mutheeswarar Sametha Mutharamman Kovil Seva Trust in respect of
the landed property in Survey No.508/17, Patta No.3915, Sadaiyamangalam
Village, Kalkulam Revenue Village and Taluk, Kanyakumari District measuring to
an extent of 23 cents and 475 links, after receiving the necessary stamp duty and
Registration fee and to register the sale deed within the time stipulated by this
Court.
For Petitioner : Mr.P.S.Jayakumar
For Respondents : Mr.M.Siddharthan
Additional Govt. Pleader
ORDER
When the matter is taken up for hearing today, it is stated by the learned Additional Government Pleader appearing for the respondents that the alleged temple is a non-listed temple.
2.In this regard, the learned counsel appearing for the petitioner submitted that the petitioner can be given with liberty to file an appropriate application before the Commissioner of HR & CE Department under Section 34 of the Tamil Nadu Hindu Religious and Charitable Institutions and Endowments Act, 1959 for obtaining necessary permission.
2/4https://www.mhc.tn.gov.in/judis W.P.(MD)No.5023 of 2022
3.In view of the above, this writ petition stands disposed of by giving liberty to the petitioner to file an appropriate application before the Commissioner of HR & CE Department under Section 34 of the Tamil Nadu Hindu Religious and Charitable Institutions and Endowments Act, 1959 for obtaining necessary permission. No costs. Consequently, connected miscellaneous petition is closed.
28.08.2024 NCC : Yes/No Index : Yes/No PNM To
1. The Joint Commissioner, Hindu Religious and Charitable Endowment Department, Suchindrum, Kanyakumari District.
2. The Sub Registrar, Office of the Registration Department, Thuckalay, Kanyakumari District.
3. The Assistant Commissioner, HR & CE Department, Mettu Street, Vadiveeswaram, Nagercoil, Kanyakumari District.
3/4https://www.mhc.tn.gov.in/judis W.P.(MD)No.5023 of 2022 N.SATHISH KUMAR, J.
PNM ORDER IN W.P.(MD)No.5023 of 2022 and W.M.P.(MD)No.2907 of 2024 28.08.2024 4/4 https://www.mhc.tn.gov.in/judis