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Madras High CourtWP/13752/2015disposed of

The Diocese Of Chengalpet v. The District Collector

2015-04-30Honourable Mr Justice M. Sathyanarayanan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 30.04.2015

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.Nos.13752 to 13761 of 2015 W.P.No.13752 of 2015 The Diocese of Chengalpet, Rep by Rev.Father Thomas J.Mundackal, Property Administrator, Bishops House, Kanchipuram High Road, Thimavaram, Kanchipuram District.

..

Petitioner Vs.

1.The District Collector, Kanchipuram District. ...Ist Respondent in all WPs. 2.The Tahsildar, Kanchipuram Taluk, Kanchipuram District. ...2nd Respondent in W.P.No.13752/15 3.The Tahsildar, Sholinganallur Taluk, Kanchipuram District. ...2nd Respondent in W.P.No.13753/15 4.The Tahsildar, Chengalpet Taluk, Kanchipuram District. ...2nd Respondent in W.P.No.13754/15 5.The Tahsildar, Madurantagam Taluk, Kanchipuram District. ...2nd Respondent in W.P.No.13755/15 6.The Tahsildar, Thiruporur Taluk, Kanchipuram District. ...2nd Respondent in W.P.No.13756/15 7.The Tahsildar, Tambaram Taluk, Kanchipuram District. ...2nd Respondent in W.P.No.13757/15 8.The Tahsildar, Sriperumbudur Taluk, Kanchipuram District. ...2nd Respondent in W.P.No.13758/15 9.The Tahsildar,Uthiramerur Taluk, Kanchipuram District. ...2nd Respondent in W.P.No.13759/15

10.The Tahsildar, Thirukazhukundram Taluk, Kanchipuram District. ...2nd Respondent in W.P.No.13760/15 11.The Tahsildar, Cheyyar Taluk, Kanchipuram District. ...2nd Respondent in W.P.No.13761/15 Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the respondents to effect name transfer for the properties mentioned in the petitioner representation and typed set of papers in the name of Diocese of Chengalput/Society as the case may be (as the owner of the properties) in all the revenue records including Patta, Chitta, Adangal etc.

For Petitioner :

Mrs.Selvi George For Respondents :

Mr.M.Digvijayapandian Additional Govt. Pleader C O M M O N O R D E R By consent, all these writ petitions are taken up for final disposal.

2. The petitioner claims to be the owners of all the properties irrespective of the name mentioned in the title deeds and on bifurcation of Arch Diocese of Madras Myalpore into Roman Catholic Diocese of Madras Mylapore and Roman Catholic Diocese of Chengalpet, the Diocese of Chengalput was formed and the same was registered under the Tamil Nadu Society's Registration Act, 1975 vide Sl.No.146/2002 dated 28.10.2002 and as a consequence, all the properties comes under the control of Chengalput Diocese and physical possession as well as documents, original title deeds etc., has also been handed over as per the book transfer proceedings dated 16.10.2008. It is further stated that Chengalput Diocese is in absolute possession and enjoyment of the properties.

The petitioner would further claim that though the petitioner is in possession of all the lands, they are facing some difficulties on the ground that names were not transferred in the revenue records and it continues to be in the name of Diocese of Madras Mylapore. The petitioner, in this regard, submitted a representation dated 16.12.2014 to the second respondent and though it was acknowledged, no response is forthcoming and hence, came forward with this writ petition.

3. Heard the submissions of Mrs.Selvi George, learned counsel appearing for the petitioner and Mr.M.Digvijayapandian, learned Additional Government Pleader, who accepts notice for the respondents.

4. Though the petitioner has prayed for larger relief, this Court, without going into the merits of the petitioner's representations dated 16.12.2014, directs the second respondent to dispose of the petitioner's representation dated 16.12.2014, after affording opportunity of hearing to the representatives of the petitioner Diocese and pass orders in accordance with law within a period of three months from the date of receipt of a copy of this order and communicate the decision taken to the petitioner as well as the concerned persons.

5. These Writ Petitions are disposed of accordingly. No costs.

Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar jvm To 1.The District Collector, Kanchipuram District.

2.The Tahsildar, Kanchipuram Taluk,Kanchipuram District. 3.The Tahsildar, Sholinganallur Taluk,Kanchipuram District. 4.The Tahsildar, Chengalpet Taluk,Kanchipuram District. 5.The Tahsildar, Madurantagam Taluk,Kanchipuram District. 6.The Tahsildar, Thiruporur Taluk,Kanchipuram District. 7.The Tahsildar, Tambaram Taluk,Kanchipuram District. 8.The Tahsildar, Sriperumbudur Taluk,Kanchipuram District. 9.The Tahsildar, , Uthiramerur Taluk,Kanchipuram District. 10.The Tahsildar, Thirukazhukundram Taluk,Kanchipuram District. 11.The Tahsildar, Cheyyar Taluk,Kanchipuram District. 1 cc to M/s.Selvi George ,Advocate, SR.No.24771/15 W.P.Nos.13752 to 13761 of 2015 ca(co) pmk.20.5.2015