M.Veerappan @ Kunchi v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.06.2016

CORAM:

THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.30609 of 2015 M.Veerappan @ Kunchi ..

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 Prayer: 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 SF.No.251/4 at Kalappam Padi Village, Pennakaram Taluk, Dharmapuri District from the 2nd respondent name instead of the petitioner name and to consider the petitioner representation letter to the respondents dated on 10.08.2015.

For Petitioner :

Mr.M.Senthamizh Selvan For Respondents :

Mrs.Rita Chandrasekar Special Government Pleader (HR&CE) for R1 and R2 Mr.R.Govindasamy, Special Government Pleader for R3 and R4

O R D E R

By consent, this writ petition is taken up for final disposal.

2. The petitioner claims that he is the resident of Kappaloor Village, Kalappampaadi Taluk, Pennakaram Taluk, Dharmapuri District for the last 3 decades and he along with his brother are in joint possession and enjoyment of the lands in S.No.251/4, Kalappampaadi Village Patta No.575, admeasuring 1.63 cent and when the petitioner approached the third respondent for valuation, he was informed that the said lands belong to Hindu Religious and Charitable Endowment (HR&CE) Department. The petitioner, in this regard, has submitted a representation dated 10.08.2015 to the second respondent praying for alteration of ownership in respect of the lands in question from that of HR&CE Department in favour of the petitioner and his brother and since, no response is forthcoming, came forward to file this writ petition.

3. Heard the submissions of the learned counsel appearing for the petitioner and Mrs.Rita Chandrasekar, learned Special Government Pleader (HR& CE), who accepts notice on behalf of the respondents 1 and 2 and Mr.R.Govindasamy, learned Special Government Pleader, who accepts notice on behalf of the respondents 3 and 4.

4. Though the petitioner has prayed for larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner, permits the petitioner to submit one more representation to the second respondent along with a copy of this order as well as the earlier representation dated 10.08.2015, within a period of two weeks from the date of receipt of a copy of this order and the second respondent, on receipt of the same, shall consider and pass orders in accordance with law within a period of ten weeks thereafter and

communicate the decision taken, to the petitioner.

5. This Writ Petition is disposed of accordingly. No costs.

-s/dAssistant Registrar(CSVI) True Copy Sub-Assistant Registrar jvm 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.

+1 cc to M/s.M.Senthamizh Selvan Advocate sr.33874 +1 cc to Government Pleader sr.34301 W.P.No.30609 of 2015 aa11/07/2016