V.Nalla Senapathy v. The Inspector General Of
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 03.06.2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN W.P.No.15641 of 2015 and M.P.No.1 of 2015 1 V.Nalla Senapathy 2 V.Sivasubramani 3 V.Karupathal .. Petitioners
Versus
1 The Inspector General of Registration No.100 Santhome High Road Chennai 28 2 The Deputy Inspector General of Registration Nanjundapuram Road Ramanathapuram Coimbatore 45 3 The District Registrar O/o.Registration Near Sivan Theatre Tiruppur District Tiruppur 2 4 The Sub Registrar Taluk Office Compound Kangayam Tiruppur District .. Respondents Prayer: This Writ Petition is filed under Article 226 of the Constitution of India, seeking for a writ of mandamus, directing the respondents to remove the entry made as Government Hindu Religious and Charitable Endowment Department Lands in the Guideline Value Register in respect of land in R.S. No.1362/12 situated in Sivanmalai Village Kangayam Taluk Tiruppur District consequently rectify the mistake committed in the Guideline Value Register and insert as Ryotwari Land For Petitioners : Mr.C.Prakasam For Respondents : Mr.M.Dig Vijaya Pandian Additional Government Pleader
O R D E R
By consent, the writ petition is taken up for final disposal.
2. The petitioners claim that their father, while he was alive purchased agricultural lands admeasuring to an extent admeasuring to an extent of 30.05 1⁄2 acres in S.No.855/B, Sivanmalai
Village, Kangayam Taluk, Tiruppur District in the year 1996 and prior to the said purchase, vendors for their father obtained orders from the Civil Court under the provisions of Tamil Nadu Minor Inam Abolition Act. Subsequently, the survey number was changed as R.S.No.1362/12 admeasuring to an extent of 2.15 acres and R.S.No.1362/5, admeasuring to an extent of 90 1⁄2 cents and after resurvey, the petitioners and others have approached the revenue department for change of patta in their names and they were informed that the land in question belonged to Hindu Religious and Charitable Endowment Department, Government of Tamil Nadu. The petitioner pointing out the said mistake has submitted a representation to the respondents 2 and 3 and the 2nd respondent in turn has directed the District Registrar (Administration) to find out whether the land in question really belong to Hindu Religious and Charitable Endowment Department. Since the petitioners are not favoured with any response, came forward to file this writ petition.
3. Heard the submissions of Mr.C.Prakasam, learned counsel appearing for the petitioners and Mr.Dig Vijaya Pandian, learned Additional Government Pleader, who accepts notice for the respondents.
4. Though the petitioner prayed for a larger relief, this Court, taking into consideration the facts and circumstances of this case and without going into the merits of the representation, directs the 3rd respondent to consider the representation dated 30.06.2014 submitted by the petitioner, on merits and in accordance with law, after hearing the view of Hindu Religious and Charitable Endowment Department and pass orders as expeditiously as possible and not later than six weeks from the date of receipt of a copy of this order and inform the decision taken, to the petitioner as well as to the concerned department.
5. The writ petition is disposed of, accordingly. No costs. Consequently, the connected Miscellaneous Petition is closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar ars
To 1 The Inspector General of Registration No.100 Santhome High Road Chennai 28 2 The Deputy Inspector General of Registration Nanjundapuram Road Ramanathapuram Coimbatore 45 3 The District Registrar O/o.Registration Near Sivan Theatre Tiruppur District Tiruppur 2 4 The Sub Registrar Taluk Office Compound Kangayam Tiruppur District + 1 cc to M/s. C. Prakasam, Advocate SR.26488 + 1 cc Government Pleader Sr.26423 CA(CO) EU 09.06.2015 W.P.No.15641 of 2015