A.Lakshmanan v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.07.2021
CORAM
THE HONOURABLE DR. JUSTICE ANITA SUMANTH W.P. Nos.14377, 14190 and 14129 of 2021 & WMP Nos.15291 and 15066 of 2021
1. A. Lakshmanan
2. K.Jayaraman .... Petitioners in W.P.No.14377 of 2021
1. B.Kaushik Krishna
2. Minor B.Anjali represented by her father and natural guardian Balasubramanian .... Petitioners in W.P.No.14190 of 2021 SP.Muthuraman .... Petitioner in W.P.No.14129 of 2021 Vs 1 The Commissioner Hindu Religious & Charitable Endowment Department, Dr.Balasundaram Road, Coimbatore - 641 018.
2 The Joint Commissioner Hindu Religious & Charitable Endowment Department, Dr.Balasundaram Road, Coimbatore - 641 018.
3 The Sub Registrar, Singanallur, Coimbatore District.
... Respondents in the above W.Ps COMMON PRAYER FOR ALL WP'S :- Petitions are filed under Article 226 of the Constitution of India praying for the issuance of Writ of Mandamus directing the 2nd respondent herein to restrict their objections for registration of any document only in respect of 4 acres out of 5
acres 40 cents on the western side in Survey No.427/1B1C, Irugur Village, Coimbatore District and issue no objection certificate for registration in respect of the rest of the lands, by considering the petitioners' representation dated 22.03.2021 and 16.04.2021 expeditiously.
For Petitioners : Mr.C.Jagadish For Respondents : Mr.N.R.R.Arun Natarajan Government Advocate - R1 and R2 Mr.TNC.Kaushik Government Advocate - R3 C O M M O N O R D E R Heard Mr.C.Jagadish, learned counsel for the petitioners, Mr.N.R.R.Arun Natarajan, learned Government Advocate, who accepts notice for R1 and R2 and Mr.TNC.Kaushik, learned Government Advocate, who accepts notice for R3.
2. Since the prayer is only for a mandamus directing the second respondent, i..e, the Joint Commissioner, Hindu Religious and Charitable Endowments Department (HR & CE) to consider the representations of the petitioners dated 22.03.2021 and 16.04.2021 to the effect that the petitioners are the absolute owners of a portion of land at S.Nos.427/1B1C, Irugur Village, Coimbatore District (land in question), these Writ Petitions are disposed finally even at the stage of admission by consent of all parties.
3. According to the HR & CE Department, the land in question to an extent of 5.40 acres belongs to Neelakandeswarar Temple, whereas, according to the learned counsel for the petitioner, there is an error in the computation insofar as a portion of the aforesaid land belongs absolutely to the petitioners. There is some confusion in regard to the exact extent of land claimed by the petitioners and thus without going into the specifics of the quantification of the land to which the petitioners lay claim, there is a direction to the second respondent to dispose the representations of the petitioners dated 22.03.2021 and 16.04.2021 within a period of eight (8) weeks from today after hearing the petitioners, preferably virtually.
4. For the sake of clarity, I would state that as per the averments in the Writ Petitions, the extents claimed by the petitioners are 28 cents (W.P.No.14377 of 2021) 23 cents
(W.P.No.14190 of 2021) and 46 cents (W.P.No.14129 of 2021). However, at the time of hearing, since the parties were unable to come to an understanding in regard to the exact extent claimed by the petitioners, this issue is left open, to be determined by R2 after hearing the petitioners.
5. These Writ Petitions are disposed as above. No costs. Connected Miscellaneous Petitions are closed. Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar sl To 1 The Commissioner Hindu Religious & Charitable Endowment Department, Dr.Balasundaram Road, Coimbatore - 641 018.
2 The Joint Commissioner Hindu Religious & Charitable Endowment Department, Dr.Balasundaram Road, Coimbatore - 641 018.
3 The Sub Registrar, Singanallur, Coimbatore District.
+3ccs to Mr.C.Jagadish, Advocate, S.R.No.32851,32583,32852 +3ccs to the Government Pleader, S.R.No.32988,32966,32990 W.P. Nos.14377, 14190 and 14129 of 2021 & WMP Nos.15291 and 15066 of 2021 MG(CO) PM(28/07/2021)