S.Nalini v. The Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-06-2025

CORAM

THE HONOURABLE MR JUSTICE N. ANAND VENKATESH S.Nalini S/o Srinivasan, Door No 112, Muthu Vikram Apartment, Sanjay Nagar, Narayanavalasu, Erode Town, Erode Rep By Her Power Agent Rajalakshmi Door No 28a, Sanarpalayam Moolanur, Dharapuram Taluk, Tiruppur District ... Petitioner Vs

1. The Commissioner Hindu Religious And Charitable Endowments Department, No 119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034 2.The Executive Officer Arulmigu Vanji Amman Thirukovil, Moolanur, Dharapuram Taluk, Tiruppur District 3.The Sub Registrar Moolanur Tiruppur District ... Respondents PRAYER : Writ Petition under Article 226 of the Constitution of India praying for a Writ of Mandamus directing the 1st respondent to dispose of the representation of the petitioner dated 24.02.2025. 1/5

For Petitioner :

Mr.A.B.Rajasekaran For Respondents:

Mr.S.Ravichandran Additional Government Pleader -for RR 1 and 2 Mr.Abishekmurthy - for R3

ORDER

This writ petition has been filed seeking for the issuance of a Writ of Mandamus directing the first respondent to consider the representation made by the petitioner on 24.02.2025, wherein the petitioner has sought for No Objection Certificate from the HR and CE Department to enable the petitioner to deal with the subject property and register the document on the file of the third respondent.

2. Heard Mr.A.B.Rajasekaran, learned counsel for the petitioner, Mr.S.Ravichandran, learned Additional Government Pleader for respondents 1 and 2 and Mr.Abhishekmurthy learned counsel for the third respondent.

3. The petitioner claims to be the absolute owner of the subject property. The same is disputed by the second respondent temple and hence the third respondent is refusing to register the document and is insisting for No Objection Certificate from the second respondent. The representation made by the petitioner to the first respondent seeking for a No Objection Certificate 2/5

was not acted upon. It is under these circumstances the present writ petition came to be filed before this Court.

4. In the considered view of this Court, the third respondent can deal with the document presented for registration in line with the decision of this Court in Sudha Ravikumar -vs- Special Commissioner, HR and CE Department and Others reported in 2017 (3) CTC 135, wherein guidelines were given at Paragraphs 25 and 26 of the judgment. A decision shall be taken by the third respondent within a period of four weeks from the date of receipt of a copy of this order, after affording an opportunity to the petitioner and the second respondent.

5. This writ petition is disposed of in the above terms. No costs. 04-06-2025 KST Index:Yes/No Speaking/Non-speaking order Internet:Yes 3/5

To 1.The Commissioner Hindu Religious And Charitable Endowments Department, No 119, Uthamar Gandhi Salai, Nungambakkam, Chennai 600 034 2.The Executive Officer Arulmigu Vanji Amman Thirukovil, Moolanur, Dharapuram Taluk, Tiruppur District 3.The Sub Registrar Moolanur Tiruppur District 4/5

N.ANAND VENKATESH J.

KST WP No. 18616 of 2025 04-06-2025 5/5