Madras High Court
M.Chellapandian vs The Commissioner on 26 August, 2022
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.21933 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26.08.2022
CORAM
THE HONOURABLE MR.JUSTICE C.SARAVANAN
W.P.No.21933 of 2022
M.Chellapandian ... Petitioner
Vs.
1.The Commissioner,
Hindu Religious and Charitable Endowment,
Chennai.
2.The Deputy Commissioner,
Hindu Religious and Charitable Endowment,
Coimbatore District.
3.The Executive Officer,
Hindu Religious and Charitable Endowments Department,
Arulmigu Mariamman and Vinayagar Temple,
Soolukkal, Kinathukadavu,
Coimbatore - 642 110.
4.The Sub-Registrar Negamam,
Office of the Sub-Registrar Negamam,
Negamam Town, Pollachi Taluk,
Coimbatore District. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India,
praying for issuance of a Writ of Mandamus, to direct the third respondent
not to interfere with the petitioner's property by sending frivolous letters by
claiming ownership of the petitioner property in Survey No.82/2B2 without
any valid documents to the fourth respondent or any other authorities.
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https://www.mhc.tn.gov.in/judis
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W.P.No.21933 of 2022
For Petitioner : Mr.S.Saravanan
For Respondents :
For R1 to R3 : Mrs.M.Geetha Thamarailsevan
Special Government Pleader
For R4 : Mrs.C.Meera Arumugam
Additional Government Pleader
ORDER
Mrs.M.Geetha Thamaraiselvan, learned Special Government Pleader takes notice on behalf of the first to third respondents and Mrs.C.Meera Arumugam, learned Additional Government Pleader takes notice on behalf of the fourth respondent.
2. This Writ Petition has been filed for a Mandamus, to direct the third respondent to not to interfere with the petitioner's property by sending letters claiming ownership over the property by the third respondent without any valid documents.
3. It is the specific case of the petitioner that the petitioner has purchased the property from his vendor one P.Natarajan on 15.09.2016 after ____________ https://www.mhc.tn.gov.in/judis Page No. 2 of 6 W.P.No.21933 of 2022 payment of valuable consideration and had registered the same as Doc.No.2432 of 2016 before the Sub-Registrar's Office, Negamam Town, Pollachi Taluk, Coimbatore District, the fourth respondent herein.
4. It is submitted that the petitioner has suffered financial loss and therefore intends to alienate the same. However, when the petitioner along with his prospective buyer went for registration of the Sale Deed, the fourth respondent orally informed that the land belongs to the third respondent.
5. When the case was taken up for hearing, the learned Special Government Pleader for the first to third respondents submits that Conditional Pattas were granted to the persons in possession under the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, and that other records are being traced out and that the petitioner does not have a valid title over the land in view of Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. The fourth respondent is not obliged to register any Sale Deed under the provisions of the Registration Act, 1908.
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6. Considering the same, I am inclined to dispose of this writ petition, at the time of admission, by directing the fourth respondent to pass a speaking order on the petitioner's representation dated 01.06.2022, within a period of four weeks from the date of receipt of a copy of this order, so that the petitioner can workout his remedy in accordance with law.
7. This Writ Petition stands disposed of with the above observations.
No costs.
26.08.2022 Index : Yes/No Speaking/Non-Speaking Order arb ____________ https://www.mhc.tn.gov.in/judis Page No. 4 of 6 W.P.No.21933 of 2022 To
1.The Commissioner, Hindu Religious and Charitable Endowment, Chennai.
2.The Deputy Commissioner, Hindu Religious and Charitable Endowment, Coimbatore District.
3.The Executive Officer, Hindu Religious and Charitable Endowments Department, Arulmigu Mariamman and Vinayagar Temple, Soolukkal, Kinathukadavu, Coimbatore - 642 110.
4.The Sub-Registrar Negamam, Office of the Sub-Registrar Negamam, Negamam Town, Pollachi Taluk, Coimbatore District.
____________ https://www.mhc.tn.gov.in/judis Page No. 5 of 6 W.P.No.21933 of 2022 C.SARAVANAN, J.
arb W.P.No.21933 of 2022 26.08.2022 ____________ https://www.mhc.tn.gov.in/judis Page No. 6 of 6