C.Thambiappan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ C.Thambiappan ... Petitioner Vs.
1. The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai 600 034.
2. The Assistant Commissioner, Office of the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Nagapattinam.
3. The Inspector General of Registration, Santhome, Chennai 600 004.
4. The Sub-Registrar, Office of the Sub-Registrar, Joint-1, Nagapattinam.
... Respondents 1/8
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, directing the respondents 3 and 4 to make appropriate correction by deleting entry as "Temple Lands", incorporate in the Guideline Value Register pertaining to the petitioner's land in Survey No.22/1C (now 22/1C1) of Karuvelankadai Village, Nagapattinam District. For Petitioner(s) : Mr.V.Karthikeyan For R1 and R2 : Mr.N.R.R.Arun Natarajan Special Government Pleader For R3 and R4 Mr.Abishek Murthy Government Advocate
ORDER
The present writ petition is filed praying for a mandamus directing the 3rd and 4th respondent to make appropriate correction by deleting entry as "Temple Land" and the corresponding guideline value shown as Nil in respect of Survey No.22/1C, now 22/1C1, situated at Karuvelankadai Village, Nagapattinam District.
2. It is the case of the petitioner that the subject property comprised in Survey No.22/1C is a private patta land and he is the absolute owner of the said property. It is the case of the petitioner that the above property was purchased 2/8
vide two sale deeds dated 06.10.1999 and 31.12.1999 registered as Doc.Nos.1088 and 1324 of 1999 at the office of the Sub Registrar, Nagapattinam. It is also the case of the petitioner that all Revenue Records in respect of the above survey numbers viz., Patta, Chitta and 'A' Register would only reflect the petitioner as the owner of the subject property. However, when the petitioner approached the Nationalized Bank for obtaining a loan, he was informed that the property comprised in Survey No.22/1C is classified as temple land in the revenue record and in the guideline value register maintained by the Sub Registrar, Nagapattinam. It is the case of the petitioner that the above change in the guideline value register has been made without any basis or material and without putting the petitioner on notice.
3. Mr.Arun Natrajan learned Special Government Pleader would submit a written instruction which reads as under:
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4. From a reading of the above instructions it appears that the above change to the guideline value is made merely on the basis of a doubt rather a suspicion, entertained by the temple authorities that the property in Survey No.22/1C could possibly be a temple land in view of the fact that the adjacent land comprised in Survey No.22/2 constitutes temple land.
5. To a pointed question as to if there is any document which would indicate that right, title or interest would vest with the temple in respect of the subject property, the learned Special Government Pleader would submit that as 5/8
on date there is none.
6. That being the case this Court is of the view that mere entertainment of doubt by the temple authorities that a particular property may be a temple land by itself is inadequate to treat the same as temple land, nor attract the embargo/restriction under Section 22A of Registration Act.
7. In view thereof, this Court is inclined to direct the following: a) The appropriate authority shall restore the guideline value treating it to be a private property.
b) The consequential amendment to the guideline value register shall be carried out within a period of 4 weeks from the date of uploading of the web copy without waiting for the receipt of certified copy. c) It is open to the temple authorities to submit in case they have any material/documents to the appropriate authority which would indicate that the subject property is temple land. If any such material/document is submitted by the temple authorities, the petitioner shall be put on notice by the authority and thereafter the appropriate authority shall decide the guideline value of the subject property.
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8. Accordingly, the writ petition stands disposed of. No costs. 25.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No spp To:
1. The Commissioner, Hindu Religious and Charitable Endowment Department, Nungambakkam, Chennai 600 034.
2. The Assistant Commissioner, Office of the Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Nagapattinam.
3. The Inspector General of Registration, Santhome, Chennai 600 004.
4. The Sub-Registrar, Office of the Sub-Registrar, Joint-1, Nagapattinam.
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MOHAMMED SHAFFIQ, J.
spp 25.06.2025 8/8