Madras High CourtWP/3839/2024disposed of

T.Maheshwaran, v. The District Collector,

2024-02-19Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.02.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY T.Maheshwaran ..

Petitioner Vs.

1. The District Collector O/o. The District Collector

2. The District Revenue Officer District Level Review Committee under G.O.540

3. The Revenue Divisional Officer Divisional Level Appellate Committee under G.O.540

4. The Tahsildar Kuthalam Taluk, Mayiladuthurai District.

5. The Commissioner Hindu Religious and Charitable Endowments 119, Uthamar Gandhi Road, Nungambakkam Chennai - 600 034.

6. The Assistant Commissioner Hindu Religious and Charitable Endowments Kumbakonam.

7. The Joint Commissioner Hindu Religious and Charitable Endowments

8. The Director O/o. the Directorate of Vigilance and Anti-Corruption No.293, MKN Salai, Alandur Chennai - 600 016.

9. The Superintendent of Police O/o. District Police Head Quarters

10. The Deputy Superintendent of Police O/o. The DSP Office, Mayiladuthurai District.

11. The Inspector of Police Kuthalam Police Station Mayildauthurai District.

12. The Executive Officer Arulmigu Adhi Keshava Perumal Thirukovil Kuthalam, Mayiladuthurai District.

13. The District Registrar Department of Registration

14. The Special Tahsildar (Temple Land) MR & CE, Mayiladuthurai.

15. P.Kalyanam

16. P.Govindharaj ..

Respondents

Prayer: Petition filed under Article 226 of the Constitution of India seeking a writ of mandamus, directing the District Registrar/13 the Respondent to cancel the illegally, Registered sale deed by the 15th and 16th respondents as Document Numbers 78 and 79 of 1996 dated 05.02.1996, The Sub-Registrar, Kuthalam in Survey No. 282/5 vide patta No. 5 as per the Proceedings of the 1th Respondent dated on 25.11.2022 and consequently to take criminal/necessary action for forging a document of the Arulmigu Adhi Kesava Perumal Temple Land, Thiruvelvikudi Village, Kadalangudi Panchayat, Kuthalam Taluk, For the Petitioner :

Mr.U.Kathiravan For the Respondents :

Mr.A.Edwin Prabakar State Government Pleader for R1 to R4 Mr.NRR.Arun Natarajan Special Government Pleader (HR & CE) for R5 to R7 Mr.A.Gokulakrishnan Additional Public Prosecutor for R8 to R11

ORDER

(Made by the Hon'ble Chief Justice) Heard Mr.U.Kathiravan, learned counsel for the petitioner, Mr.A.Edwin Prabakar, learned State Government Pleader for respondents 1 to 4, Mr.NRR.Arun Natarajan, learned Special Government Pleader (HR & CE) for respondents 5 to 7 and Mr.A.Gokulakrishnan, learned Additional Public Prosecutor for respondents 8 to 11.

2. Learned counsel for the petitioner submits that the temple land has been illegally and unauthorizedly transferred. The Sub Registrar is also not taking any steps, though the Hindu Religious and Charitable Endowments [for brevity, "HR & CE"] Department has informed the Sub Registrar.

3. Learned Special Government Pleader appearing for the HR & CE Department submits that the Executive Officer is taking steps to remove the encroachment under Section 78 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. The temple

administration is expected to expedite the process. Even request is made to the Sub Registrar to cancel the said instrument and the District Registrar has sent a show cause notice to the persons concerned on 15.12.2022.

4. As the HR & CE Department is prosecuting the said matter, no further orders are necessary in the present writ petition. The writ petition, accordingly, stands disposed of. There shall be no order as to costs.

(S.V.G., CJ.) (D.B.C., J.) 19.02.2024 Index :

Yes/No :

Yes/No drm To