P.Ganapathy, v. The Commissioner,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25-06-2015
CORAM
THE HONOURABLE MR.JUSTICE M.SATHYANARAYANAN WRIT PETITION No.18254 of 2015 P.Ganapathy .. Petitioner vs 1.The Commissioner The Hindu Religious and Charitable Endowments Department 119, Uthamar Gandhi Salai Nungambakkam, Chennai 600 034 2.The Assistant Commissioner Hindu Religious and Charitable Endowments Department Dharmapuri Taluk Dharmapuri District 3.The Tahsildar Pennakaram Taluk Dharmapuri District 4.The Sub-Registrar Sub-Registrar Office Pennakaram Taluk Dharmapuri District .. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of mandamus directing the respondents to alter the ownership name in the SF No.473/1C, Kodi Alli Village, Pennakaram Taluk, Dharmapuri District, from the second respondent instead of the petitioner's name and to consider the petitioner's representation to the respondents dated 22.5.2015. For Petitioner : Mr.M.Senthamizhselvan For Respondents : Mr.M.L.Mahendran Government Advocate for RR1 and 2 Mrs.P.Rajalakshmi Government Advocate for RR3 and 4
ORDER
By consent, the writ petition itself is taken up for final disposal.
2.The petitioner claims that he is residing at Door No.275/A, Ko Pudhur Village, Koothapadi Post, Pennakaram Taluk, for nearly three decades and his grandfather is having land in Survey No.473/1C, Village Patta No.153. According to the petitioner, he approached the third respondent to know about the valuation of the land and the third respondent directed the petitioner to get No Objection Certificate from the second respondent and the petitioner also verified the encumbrance and found that that the said property stands in the name of his grandfather.
3.The petitioner would further state that he submitted various representations to alter the name in the revenue records and the fourth respondent vide communication dated 5.8.2014, requested the second respondent to furnish information as to whether the land in question, belongs to Hindu Religious and Charitable Endowments Department and however, the second respondent did not respond. According to the petitioner, he has also submitted a representation to the second respondent to furnish the said particulars and since no orders have been passed, came forward to file this writ petition. 4.Heard the learned Counsel appearing for the petitioner, Mr.M.L.Mahendran, learned Government Advocate, who accepted notice on behalf of the respondents 1 and 2, and Mrs.P.Rajalakshmi, learned Government Advocate, who accepted notice on behalf of the respondents 3 and 4.
5.Though the petitioner prayed for a larger relief, this Court, without going into the merits of the representation, directs the second respondent to respond to the letter of the fourth respondent in Na.Ka.No.287/2013 dated 5.8.2014, within a period of two weeks from the date of receipt of a copy of this order, and the fourth respondent, on receipt of the same, is directed to take appropriate steps and inform the decision taken, to the petitioner, within a period of four weeks thereafter. The writ petition is disposed of accordingly. No costs.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar nsv
To:
1.The Commissioner The Hindu Religious and Charitable Endowments Department 119, Uthamar Gandhi Salai Nungambakkam, Chennai 600 034 2.The Assistant Commissioner Hindu Religious and Charitable Endowments Department Dharmapuri Taluk Dharmapuri District 3.The Tahsildar Pennakaram Taluk Dharmapuri District 4.The Sub-Registrar Sub-Registrar Office Pennakaram Taluk Dharmapuri District +1cc to the Government Pleader Advocate, S.R.No.31445 +1cc to the Government Pleader, S.R.No.31275 KJI(CO) EU(08/07/2015) W.P.No.18254 of 2015