Thalamai Isai Vellalar Sangam v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22/2/2016 C O R A M THE HONOURABLE MR. JUSTICE R.SUBBIAH Writ Petition No.29556 of 2014 Thalamai Isai Vellalar Sangam rep by its Secretary Mr.Vazhuvur Ravi.
...Petitioner
Vs
1. The District Registrar Office of the District Registrar Nagapattinam Registration District Nagapattinam.
2. The Sub-Registrar Office of the Sub Registrar Thiruvarur.
3. K.Govindarajan
4. K.Selvaganapathy
...Respondents
Prayer:
Writ petition filed under Article 226 of the Constitution of India praying for the issuance of a writ of mandamus to direct the first and second respondents to dispose of the representation dated 22/8/2014.
For Petitioner ...
Mr.J.Ravindran For respondents ...
Mr.P.Sanjay Gandhi Additional Government Pleader for R.R.1 and 2.
Mr.K.Azhagarasu for R.4.
O R D E R
With the consent of the learned counsel appearing on either side, this writ petition is taken up for final disposal. 2.
Heard Mr.J.Ravindran, learned counsel for the petitioner, Mr.P.Sanjay Gandhi, learned Additional Government Pleader for the respondents 1 and 2 and Mr.K.Azhagarasu for the fourth respondent.
3. This writ petition has been filed, praying to direct the first and second respondents, to dispose of the representation, dated 22/8/2014.
4. The petitioner Sangam is a registered one and the said Sangam was formed by the people of Isai Vellalar Community, who are engaged themselves in the devotional activities of Sri Thiyagaraja Perumal. A land to an extent of about 5379 Sq.feet in Town Survey No.2611 Block No.43 Ward No.2 at the South Car Track, Thiruvarur was granted to the said community people. In the said land, there is also a chathram for the Community people to come and stay during the said festival. The said land is in possession and usage of the petitioner Sangam from time immemorial.
5. Whileso, the respondents 3 and 4, who are no way connected with the said property nor belong to the petitioner Sangam or Community had fraudulently settled the the aforestated extent of land to their kith and kin. Thereafter, the fourth respondent had once again settled the said extent of lands, in favour of his sons, viz., S.Palaniappan and S.Karunanithi, by way of a settlement deed, dated 8/9/2008, in Doc.No.4074/2008. Both the respondents 3 and 4, who have no title or interest in the said property have fraudulently, with an intention, to grab the property created the settlement deed.
6. Immediately, the petitioner Sangam, sent a letter to the respondents 1 and 2, informing them about the fraudulent transactions, calling upon them to cancel the settlement deeds, dated 4/5/2007, 8/9/2008 by the third and fourth respondents, respectively. Since the same was not considered till date, the petitioner has come forward with the aforestated relief.
7. Without going into the merits of the claims made by the petitioner Sangam, the petitioner is directed to give a copy of the representation dated 22/8/2014 along with the copy of this order, to the first respondent, within a period of two weeks from the date of receipt of a copy of this order. On receipt of the same, the first respondent is directed to pass appropriate orders, by affording an opportunity of personal hearing to the third and fourth respondents, on merits and in accordance with law, within a period of twelve weeks, from the date of receipt of the said representation.
8. With the above direction, this writ petition is disposed of. No costs.
Sd/- Assistant Registrar(J) //True Copy// Sub Assistant Registrar mvs.
To
1. The District Registrar Office of the District Registrar Nagapattinam Registration District Nagapattinam.
2. The Sub-Registrar Office of the Sub Registrar Thiruvarur.
+1cc to Mr.J. Ravindran, Advocate, S.R.No.11009 +1cc to the Government Pleader, S.R.No.11021 RSY(CO) EU(15/03/2016) W.P.No.29556 of 2014