Dinesh Sivasankaran Soundappa v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 18.03.2025

CORAM

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and W.M.P.No.10175 of 2025 Dinesh Sivashankaran Soundappa S/o.E.Sivashankaran ... Petitioner Vs.

1. The Joint Commissioner Hindu Religious And Charitable Endowment Department, Cotton Market Complex, Palladam Road, Tiruppur-641 604.

2.The Assistant Commissioner Hindu Religious And Charitable Endowment Department, Veerarahavaperumal Temple Campus, Tiruppur-641 604.

3.The Executive Officer Arulmigu Visvesvaraswami and Veerarahavaperumal Thirukoil, Hindu Religious And Charitable Endowment Department, Easwaran Kovil Street, Tiruppur Town-641 604 Tiruppur Taluk, Tiruppur District.

4.The Joint II Sub-Registrar 1/529, Nerupperichal Village, Pooluvapatti Post, Tiruppur-641 602 Tiruppur District ... Respondents 1/5

Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to (i)the impugned letter dated 22.11.2014 issued by the third respondent and consequential (ii)Refusal Check slip issued by the fourth respondent in RFL/Joint II Sub Registrar, Tiruppur/2/2025 dated 13.01.2025 and quash the same and consequently direct the fourth respondent to register the Lease Agreement dated 13.01.2025 executed by the petitioner.

For Petitioner : Mr.V.Karthik, Senior Counsel for Mr.P.Navaneetha Krishnan For Respondents : Mr.K.Karthikeyan Government Advocate [R1 to R3] Mr.K.Karthick Jagannath Government Advocate [R4] *****

O R D E R

This writ petition has been filed challenging the impugned refusal check slip issued by the fourth respondent dated 13.01.2025 based on the letter issued by the third respondent dated 22.11.2014 and for a consequential direction to the fourth respondent to register the lease agreement dated 13.01.2025 executed by the petitioner.

2. Heard Mr.V.Karthik, learned Senior Counsel appearing for petitioner, Mr.K.Karthikeyan, learned Government Advocate appearing 2/5

for respondents 1 to 3 and Mr.K.Karthick Jagannath, learned Government Advocate appearing for fourth respondent.

3. The refusal check slip has been issued by the fourth respondent mainly relying upon the letter issued by the third respondent dated 22.11.2014 wherein the third respondent has directed the fourth respondent not to entertain any sale deeds pertaining to the subject property.

4. In the considered view of this Court, the fourth respondent need not have issued the refusal check slip straight away by relying upon the letter issued by the third respondent dated 22.11.2014. The Division Bench of this Court had devised a mechanism to deal with cases of this nature in Sudha Ravi Kumar v. The Special Commissioner [2017 (3) CTC 135]. This order has been followed subsequently in many cases.

5. In view of the above, there shall be a direction to the fourth respondent to conduct a summary enquiry after hearing the petitioner and the third respondent and take a decision regarding registration of the 3/5

lease agreement dated 13.01.2025 within a period of four (4) weeks from the date of receipt of a copy of this order.

This writ petition is disposed of with the above direction. No costs. Consequently, connected miscellaneous petition is closed. 18.03.2025 Index: Yes/no Speaking Order/Non-Speaking Order gm To

1. The Joint Commissioner Hindu Religious And Charitable Endowment Department, Cotton Market Complex, Palladam Road, Tiruppur-641 604.

2.The Assistant Commissioner Hindu Religious And Charitable Endowment Department, Veerarahavaperumal Temple Campus, Tiruppur-641 604. 3.The Executive Officer Arulmigu Visvesvaraswami and Veerarahavaperumal Thirukoil, Hindu Religious And Charitable Endowment Department, Easwaran Kovil Street, Tiruppur Town-641 604 Tiruppur Taluk, Tiruppur District.

4.The Joint II Sub-Registrar 1/529, Nerupperichal Village, Pooluvapatti Post, Tiruppur-641 602 Tiruppur District 4/5

N.ANAND VENKATESH, J gm 18.03.2025 5/5