B.Parameswari v. State Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 12.12.2020

CORAM:

THE HONOURABLE MR. JUSTICE N.ANAND VENKATESH W.P.No.18013 of 2020 B.Parameswari

...Petitioner

Vs.

1 The Sub-Registrar Office of the Sub-Registrar Bhuvanagiri Taluk Cuddalore District.

(The words "State of Tamilnadu, Rep. By" are deleted as per the order of this Court today made in this writ petition.) The Thasildhar Bhuvanagiri Taluk Cuddalore District.

The Assistant Commissioner O/o.The Assistant Commissioner Hindu Religious and Endowments Board Chennai District.

...Respondents

This Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the first respondent to consider the representations of the petitioner's dated 23.07.2015 and 06.08.2015 to delete in their office guideline register the name of Sri Vasudeva Perumal Temple who is shown as owners of the property lawfully owned by the petitioner in survey Nos. 148/1, 2B, 3A, 3B, 5, 6, 7, 149/13, 150/1, 2, 3, 165/5B, 149/10B in Patta No.256 issued by the second respondent and issue guideline value certificate to the petitioner.

For Petitioner :

Mr.A.P.Surya Prakasam For Respondent-1:

Mr.T.M.Pappiah Special Government Pleader

For Respondent-2:

Mr.E.Balamurugan Special Government Pleader For Respondent-3:

Mr.M.Karthikeyan Special Government Pleader

ORDER

This Writ Petition has been filed for the issue of a Writ of Mandamus directing the first respondent to consider the representations made by the petitioner, wherein the petitioner is seeking for deletion from the Guideline Register the name of Sri Vasudeva Perumal Temple and to add the name of the petitioner as the owner of the subject property.

2.

Heard Mr.A.P.Surya Prakasam, learned counsel for petitioner, Mr.T.M.Pappiah, learned Special Government Pleader for first respondent, Mr.E.Balamurugan, learned Special Government Pleader for second respondent and Mr.M.Karthikeyan, learned Special Government Pleader for third respondent.

3.

It is seen from records that pursuant to the representation made by the petitioner, the second respondent has already informed the first respondent through communication dated 04.06.2018 that the patta that was issued in favour of the petitioner with respect to the subject property is genuine. It is also seen from records that the first respondent through letter dated 21.06.2019 has informed the third respondent about the representations made by the petitioner and also the report submitted by the Tahsildar.

4.

The grievance of the petitioner is that the third respondent is yet to respond to the first respondent and as a result of the same, the first respondent is not able to pass final orders on the representations made by the petitioner. Left with no other alternative, the present Writ Petition has been filed before this Court.

5.

Taking into consideration the facts and circumstances of the case and also after perusing the relevant materials, there shall be a direction to the third respondent to immediately respond to the letter

issued by the first respondent on 21.06.2019, within a period of four weeks from the date of receipt of a copy of this order. On receipt of the explanation from the third respondent along with all the documents, the first respondent will call the petitioner and the concerned representative of the Temple for an enquiry and pass final orders within a period of six weeks thereafter. The petitioner is directed to make a fresh representation to the first respondent along with all the relevant documents and also a copy of this order. A copy of the representation shall also be marked to the third respondent.

6.

This Writ Petition is disposed with the above directions. No costs.

mra Sd/- Assistant Registrar(CS IX) //True Copy// Sub Assistant Registrar To The Sub-Registrar Office of the Sub-Registrar Bhuvanagiri Taluk Cuddalore District.

The Thasildhar Bhuvanagiri Taluk Cuddalore District.

The Assistant Commissioner O/o.The Assistant Commissioner Hindu Religious and Endowments Board Chennai District.

+1 cc to Government Pleader Sr.No. 40600,40695 W.P.No.18013 of 2020 A.SK(04.02.2021).