Major Skg Ramaswamy v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 25.04.2025
CORAM:
THE HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY MAJOR SKG RAMASWAMY ... Petitioner Vs 1.
THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, 119, UTHAMAR GANDHI ROAD, CHENNAI-600 034, TAMIL NADU.
2.
THE ASSISTANT COMMISSIONER, MASANIAMMAN TEMPLE, ANAIMALAI, COIMBATORE DISTRICT, TAMIL NADU.
3.
THE TAHSILDAR, ANAIMALAI TALUK, COIMBATORE TALUK, TAMIL NADU.
... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India for the issuance of Writ of Mandamus, to consider the representation dated 09.04.2025 and to direct the first respondents to issue No Objection Certificate with respect to lands bearing S.F. No.462/1 and 462/3 situated In Odayakulam Village, Anaimalai Taluk, Coimbatore District as the said land is a Private Land within time stipulated by this Court. 1/5
For Petitioner : Mr.N.R.Elango, Senior Counsel assisted by Mr.G.R.Deepak For R1 & R2 : Mr.S.Ravichandran Additional Government Pleader For R3 : Dr.S.Suriya Additional Government Pleader
ORDER
This writ petition is filed to consider the representation dated 09.04.2025 and to direct the first respondent to issue a No Objection Certificate with respect to lands bearing S.F. No. 462/1 and 462/3, situated in Odayakulam Village, Anaimalai Taluk, Coimbatore District.
2. The learned counsel appearing for the petitioner submitted that the lands in question belong to the petitioner. Originally, the Settlement Officer under the Minor Inams Act passed an order in favor of the temple. Aggrieved by this, the predecessors-in-title of the petitioner filed an appeal and the same was allowed.
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3. Aggrieved by the same, a revision was also filed by the temple authorities in C.R.P. No. 2321 of 1988, which was dismissed. The patta granted in favor of the petitioner's predecessors-in-title stood confirmed. In that backdrop, when the petitioner now sought to develop the property and form a layout, an objection was raised by some third parties. This was acted upon by the jurisdictional Assistant Commissioner, thereby creating a cloud over the title. Therefore, the petitioner has made a representation seeking a No Objection Certificate from the authorities.
4. When the matter came up for admission, the learned Additional Government Pleader appearing for the respondents 1 and 2, was not in a position to dispute the petitioner's title, which is clear from the orders of this Court in the civil revision petition and the other documents that are produced by the petitioner. The property has also been dealt with by individuals after the order passed in C.R.P. No. 2321 of 1988.
5. In view thereof, this writ petition is disposed of on the following terms:- (i) The first respondent shall consider the petitioner's representation dated 09.04.2025 and issue a No Objection Certificate with reference to the 3/5
land in S.F. No. 462/1 and 462/3, situated in Odayakulam Village, Anaimalai Taluk, Coimbatore District, as there is no rival claim from the temple or its authorities.
(ii) This exercise shall be completed within twelve weeks from the date of receipt of the web copy of the order, without waiting for the certified copy. No costs.
25.04.2025 nsl To 1.
THE COMMISSIONER, HINDU RELIGIOUS & CHARITABLE ENDOWMENTS DEPARTMENT, 119, UTHAMAR GANDHI ROAD, CHENNAI-600 034, TAMIL NADU.
2.
THE ASSISTANT COMMISSIONER, MASANIAMMAN TEMPLE, ANAIMALAI, COIMBATORE DISTRICT, TAMIL NADU.
3.
THE TAHSILDAR, ANAIMALAI TALUK, COIMBATORE TALUK, TAMIL NADU.
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D.BHARATHA CHAKRAVARTHY, J.
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