S.K.Muthusamy v. The Joint Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.04.2025

CORAM:

THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH S.K.Muthusamy ...Petitioner versus 1.The Joint Commissioner, Hindu Religious Endowments Department, No.20, Chinnamuthu 1st Street, Perundurai Road, Erode-District.

2.The Sub Registrar, O/o.the Sub Registrar, Nambiyur-Taluk & Post, Erode District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Erode.

4.Arulmigu Thandalur Amman Temple, Represented by its Hereditary Trustee, Nambiyur Taluk, Erode District.

(R3 and R4 are suo motu impleaded as per order dated 08.04.2025 in W.P.No.11564/2025 by NAVJ) ...Respondents 1/5

Prayer: Writ petition filed under Article 226 of the Constitution of India, for the issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the refusal check slip in RFL/Nambiyur/11/2024 on the file of the Sub Registrar, Nambiyur/2nd respondent dated 23.04.2024 and quash the same and further direct the Sub Registrar, Nambiyur/2nd respondent to admit and register the Settlement Deed dated 23.04.2024 and pass orders. For the Petitioner :

Mr.D.Veerasekharan For the Respondents :

Mr.N.R.R.Arun Natarajan, Special Government Pleader, for R1, R3 and R4 Mr.K.Karthick Jagannath Government Advocate for R2

O R D E R

This writ petition has been filed challenging the impugned refusal check slip dated 23.04.2024 issued by the second respondent and for a consequential direction to the second respondent to register the settlement deed dated 23.04.2024 executed by the petitioner in favour of his wife.

2. Heard Mr.D.Veerasekharan, learned counsel for the petitioner, Mr.N.R.R.Arun Natarajan, learned Special Government Pleader for R1, R3 and R4 and Mr.K.Karthick Jagannath, learned Government Advocate for R2.

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3. When the writ petition came up for hearing on 08.04.2025, this Court impleaded the third and fourth respondents and directed the learned Special Government Pleader appearing for the respondent Nos.1, 3 and 4 to take instructions. The matter was directed to be listed for hearing today.

4. When the matter was taken up for hearing today, the learned Special Government Pleader produced the written instructions received from the impleaded third respondent.

5. Considering the facts and circumstances of the case and the materials placed before this Court, there shall be a direction to the second respondent to act as per the guidelines issued by the Division Bench of this Court in Sudha Ravi Kumar vs The Special Commissioner and Commission Hindu Religious and Charitable Endowments Department and others, reported in 2017 3 CTC 135 and take a decision within a period of four weeks from the date of receipt of a copy of this order. While deciding the issue, the second respondent shall afford opportunity to the hereditary trustee of Arulmigu Athanoor Amman alias Arulmigu Thandalur 3/5

Amman Temple.

5. This writ petition is disposed of in the above terms. There shall be no order as to costs.

22.04.2025 Index: Yes/no mrn To 1.The Joint Commissioner, Hindu Religious Endowments Department, No.20, Chinnamuthu 1st Street, Perundurai Road, Erode-District.

2.The Sub Registrar, O/o.the Sub Registrar, Nambiyur-Taluk & Post, Erode District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Erode.

4 The Hereditary Trustee, Arulmigu Athanoor Amman alias Arulmigu Thandalur Amman Temple, Nambiyur Taluk, Erode District.

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N.ANAND VENKATESH, J.

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