R.Kandasamy v. The Commissioner
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 10.07.2025 CORAM :
THE HON'BLE MR. JUSTICE N.ANAND VENKATESH Mr.R.Kandasamy ..
Petitioner v.
1. The Commissioner Hindu Religious and Charitable Endowments Department Uthamar Gandhi Salai Nungambakkam Chennai 600 034
2. The Joint Commissioner Chennai Zone-I Hindu Religious and Charitable Endowments Department D.P.I.Building, College Road Chennai 600 006
3. The Executive Officer Arulmighu Sowmya Damodhara Perumal Thirukkovil No.34, Sannadhi Street Villivakkam Chennai 600 049
4. The Inspector General of Registration Tamil Nadu Registration Department Santhome High Road, Mylapore Chennai 600 004
5. The Sub Registrar of Assurances Konnur Registrar Office Ambattur, Chennai 600 053
6. The District Collector Chennai Singaravelar Maaligai Rajaji Salai, Chennai 600 001
7. The Revenue Divisional Officer Chennai-Central Thirumangalam-Ambattur Estate Road Chennai 600 101
8. The Tahsildar Ayanavaram Taluk, Kilpauk Chennai 600 010 ..
Respondents Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus, directing Respondent Nos.1 to 3 to issue 'No Objection Certificates/Letters' to fifth respondent and to eighth respondent for the purposes of registering documents and for issuing patta in petitioner's name, in respect of petitioner's land measuring 1,710 square feet at Door No.3/2, North Mada Street, Villivakkam, Chennai 600 049, comprised in T.S.No.40 (part), Old Survey No.348/1A (part), Block No.57, Konnur Village, Ayanavaram Taluk, Chennai District, by considering and disposing petitioner's representations dated 28.03.2025 to the second respondent and dated 15.04.2025 to the first respondent herein, within the time frame that may be fixed by this Hon'ble Court.
For Petitioner ::
Mr.B.K.Sreenivasan For Respondents ::
Mr.S.Ravichandran Additional Government Pleader for R1 to R3 Mr.E.Veda Bagath Singh Special Government Pleader for R4 to R8
ORDER
This writ petition has been filed for issuance of a mandamus directing the third respondent to issue 'No Objection' to the fifth and eighth respondents in order to enable the petitioner to register the documents before the fifth respondent and to apply for patta before the eighth respondent, based on the representation dated 28.03.2025 made to the second respondent and dated 15.04.2025 made to the first respondent.
2. When this writ petition came up for hearing on 16.06.2025, this Court passed the following order:- "Mr.S.Ravichandran, learned Additional Government Pleader takes notice on behalf of respondents 1 to 3.
2. Mr.E.Vijay Anand, learned Additional Government Pleader takes notice on behalf of respondents 4 to 8. 3.The only dispute to be resolved in the present writ petition pertains to the status of the property situated at S.No.348/1. The petitioner is relying upon the Sale Deed dated 16.12.1960 to trace the title and the petitioner has purchased the property by virtue of a Sale Deed dated 05.09.2003. The petitioner also obtained building plan. The petitioner wanted to deal with the property and the petitioner was asked to get the No Objection Certificate from the HR & CE Department. It is under these circumstance, the present writ petition has been filed before this Court seeking for appropriate reliefs.
4.The learned counsel for the petitioner submitted that S.No.348/1 has been categorized as Village Site (Grama natham). Since it is an occupied property, the predecessor in title and the petitioner will be considered to be the owner of the property. It was further submitted only insofar as S.No.347 and 348/2, it is in the name of the temple. 5.The learned Additional Government Pleader appearing on behalf of the respondents 4 to 8 shall take instructions from the 8th respondent as to whether S.No.348/1 has been categorized as a Grama Natham. Based on the instructions given by the 8th respondent, final orders will be passed in this writ petition. 6.Post this writ petition under the caption 'For Orders' on 10.07.2025."
3. Pursuant to the above order, the matter was taken up for hearing
today and the learned Special Government Pleader placed the report of the Tahsildar dated 09.07.2025. The relevant portions are scanned and extracted hereunder:-
4. Heard the learned counsels for the parties.
5. It is quite apparent from the written instructions given by the Tahsildar that initially Survey No.348/Re-Survey No.348/1 was always categorized as 'Grama Natham'. During re-survey, it seems that out of the total extent of 1710 square feet, 1205 square feet was categorized as 'Grama
Natham' and the balance has been categorized as if it belongs to the temple. This confusion had taken place during the re-survey and re-settlement.
6. In view of the above, it is clear that there is some claim made by the temple based on the re-survey and re-settlement. It is seen from the written instructions that the temple owns property in Survey No.348/2 measuring an extent of 48 cents. Therefore, if at all the temple claims any right over old Survey No.348, it must confine itself only to 348/2. If the temple is claiming right over 348/1 also, they have to workout their remedy in the manner known to law.
7. In the light of the above discussion, there is no need for the petitioner to get the 'No Objection' from the Executive Officer of the temple in order to deal with the property in Survey No.348/1 measuring an extent of 1710 square feet. Hence the fifth respondent can entertain the documents and register the same, if they are otherwise in order. Similarly, the Tahsildar can also entertain the application seeking for patta and pass appropriate orders. This direction will be without prejudice to the right of the temple to
agitate their right in the manner known to law, if at all they are claiming any right over a portion of the property in Survey No.348/1.
8. This writ petition is disposed of in the above terms. No costs. Index : yes/no 10.07.2025 ss To
1. The Commissioner Hindu Religious and Charitable Endowments Department Uthamar Gandhi Salai Nungambakkam Chennai 600 034
2. The Joint Commissioner Chennai Zone-I Hindu Religious and Charitable Endowments Department D.P.I.Building, College Road Chennai 600 006
3. The Executive Officer Arulmighu Sowmya Damodhara Perumal Thirukkovil No.34, Sannadhi Street Villivakkam Chennai 600 049
4. The Inspector General of Registration Tamil Nadu Registration Department Santhome High Road, Mylapore Chennai 600 004
5. The Sub Registrar of Assurances Konnur Registrar Office Ambattur, Chennai 600 053
6. The District Collector Chennai Singaravelar Maaligai Rajaji Salai, Chennai 600 001
7. The Revenue Divisional Officer Chennai-Central Thirumangalam-Ambattur Estate Road Chennai 600 101
8. The Tahsildar Ayanavaram Taluk, Kilpauk Chennai 600 010
N.ANAND VENKATESH,J.
ss 10.07.2025