A.M.Selvi v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.07.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.Nos.8482 & 8483 of 2025 A.M.Selvi W/o.Arul Selvam Petitioner Vs 1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Chennai - 600 034.
2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore Division, Commercial Tax Building, Ground Floor, Dr.Balasundaram Salai, Coimbatore Central, Coimbatore - 641 018.
3.The Sub-Registrar, The office of Sub-Registrar, Kinathukadavu, Coimbatore - 642 109.
Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for 1/6
the records of the impugned communication dated 12.07.2012 vide Na.Ka.No.1250/2011/13/AA7 of the second respondent insofar as the property measuring 2 Acres comprised in Survey No.271/1B situated at Kodangipalayam Village, Kinathukadavu Taluk, Coimbatore Revenue District and quash the same as illegal and without jurisdiction and consequently, direct the third respondent to register the intended conveyance deeds in respect of petitioner's said property without insisting NOC.
For Petitioner : Mr.I.Abdul Basith For Respondents : Mr.K.Karthikeyan Government Advocate [HR & CE] [R1 & R2] Mr.U.Bharanidharan Special Government Pleader [R3] *****
O R D E R
This writ petition has been filed challenging the impugned communication dated 12.07.2012 issued by the second respondent insofar as the subject property is concerned and for a consequential direction to the third respondent to register the documents in respect of the petitioner's property without insisting for a No Objection Certificate from the Hindu Religious and Charitable Endowments Department. 2/6
2. Heard Mr.I.Abdul Basith, learned counsel for petitioner, Mr.K.Karthikeyan, learned Government Advocate [HR & CE] appearing for respondents 1 and 2 and Mr.U.Bharanidharan, learned Special Government Pleader appearing for third respondent.
3. The specific case of the petitioner is that she is the absolute owner of the subject property and the property was originally sold in favour of the petitioner's father in the year 2008 through a registered document No.3638 of 2008. Thereafter, the father settled the property in favour of the petitioner in the year 2015 and this settlement deed was registered as document No.3149 of 2015. When the petitioner attempted to deal with the property and the document was presented for registration before the third respondent, the third respondent was insisting for No Objection Certificate from the Hindu Religious and Charitable Endowment Department. The third respondent was relying upon the impugned communication dated 12.07.2012 in this regard. The said communication has been put to challenge in the present writ petition.
4. In the considered view of this Court, the grievance expressed 3/6
by the petitioner can be handled by the third respondent by following the guidelines of the Division Bench of this Court in Sudha Ravi Kumar v. The Special Commissioner [2017 (3) CTC 135]. The third respondent shall receive all the relevant documents from the petitioner and shall also provide opportunity to the concerned temple and take a decision within a period of four (4) weeks from the date of receipt of a copy of this order. This writ petition is disposed of the with the above direction. No costs. Consequently, connected miscellaneous petitions are closed. 25.07.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm 4/6
To 1.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Chennai - 600 034.
2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Coimbatore Division, Commercial Tax Building, Ground Floor, Dr.Balasundaram Salai, Coimbatore Central, Coimbatore - 641 018.
3.The Sub-Registrar, The office of Sub-Registrar, Kinathukadavu, Coimbatore - 642 109.
N.ANAND VENKATESH, J 5/6
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