← Library
Madras High CourtWP/3449/2023disposed of

Maddimchetty Venkatasatya Prasad v. Union Of India

2023-02-08Honourable Mr Justice N. Sathish Kumar4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUIMAR Maddimchetty Venkata Satya Prasad .. Petitioner

Versus

1.Union of India Government of Union Territory of Puducherry Rep by its Chief Secretary, Puducherry 2.The District Collector Vazhudavoor, Pettaiyanchathiram Puducherry - 605 009 3.The District Registrar Kamaraj Salai, Sakthi Nagar Saram, Puducherry - 605 013 4.The Sub Registrar Office of the Sub Registrar Yanam - 533 464 Union Territory of Puducherry 5.Maddimchetty Ziana .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents 3 and 4 to consider the Petitioners representation dated 29.12.2022 forbearing the 4th respondent from registering any sale documents submitted by the 5th respondent for sale of the temple lands measuring an extent of H.00.A. 20.Ca. 60 comprised in T.S. No.A/9/8/5, R.S.No.108/5, C.S.No.80/4/4 pt., and land measuring an extent of H.00.A.17.Ca.80, in T.S.No.A/9/10/9, R.S.No.106/9, 1/4

C.S.No.80/4/4 situated at Mettacur, Yanam, Puducherry State. For Petitioners : Mr.T.Dhanasekaran For Respondents : Dr.B.Ramaswamy for R1 - R4 Additional Government Pleader (Puducherry)

ORDER

This writ petition is filed seeking for the issuance of Writ of Mandamus to direct the Respondents 3 and 4 to consider the Petitioners representation dated 29.12.2022 forbearing the 4th respondent from registering any sale documents submitted by the 5th respondent for sale of the temple lands measuring an extent of H.00.A. 20.Ca. 60 comprised in T.S. No.A/9/8/5, R.S.No.108/5, C.S.No.80/4/4 pt., and land measuring an extent of H.00.A.17.Ca.80, in T.S.No.A/9/10/9, R.S.No.106/9, C.S.No.80/4/4 situated at Mettacur, Yanam, Puducherry State.

2. Heard learned counsel for the petitioner and the learned Additional Government Pleader (Puducherry) appearing for the respondents 1 to 4 and perused the materials available on record.

3. It is the grievance of the writ petitioner that the fifth respondent is trying to obtain layout and alienate the subject temple land in favour of third parties by approaching the Town and Country Planning Authority, Yanam. 2/4

Hence, the petitioner made a representation to the respondents to forbear the fourth respondent from registering any documents presented by the fifth respondent with regard to the subject temple land, which is pending without consideration till date. Hence, this petition.

4. Though the petitioner has sought relief to forbear the fifth respondent from registering any sale of agreement with regard to the subject temple land. This Court is of the view that such automatic order cannot be granted. It is for the respondent to hold enquiry and find out whether the subject property is a temple property as submitted by the petitioner. This Court directs the fourth respondent to take decisions after affording opportunity of personal hearing to the petitioner as well as the fifth respondent.

5. Accordingly, this writ petition stands disposed of. No costs. 08.02.2023 dhk Internet : Yes/No Speaking Order : Yes/No : Yes/No 3/4

N.SATHISH KUMAR, J.

dhk To 1.The Chief Secretary, Puducherry Union of India Government of Union Territory of Puducherry 2.The District Collector Vazhudavoor, Pettaiyanchathiram Puducherry - 605 009 3.The District Registrar Kamaraj Salai, Sakthi Nagar Saram, Puducherry - 605 013 4.The Sub Registrar Office of the Sub Registrar Yanam - 533 464 Union Territory of Puducherry W.P.No.3449 of 2023 08.02.2023 4/4