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Madras High CourtWP/21502/2024disposed of

Ammaniammal v. The District Registrar

2026-04-02Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 02-04-2026

CORAM

THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY

1. Ammaniammal

2. Puspathal ..Petitioner(s) Vs

1. The District Registrar, Office of the District Registrar, Neruperichal, Tiruppur District.

2. The Sub Registrar, Sub Registrar Office, Kangayam - 638 701, Tiruppur District.

3. A/M. Subramaniaswamy Temple, Rep by its Assistant Commissioner/Executive Officer, Sivanmalai, Kangayam - 638 701, Kangayam Taluk, Tiruppur District.

..Respondent(s) Prayer: This writ petition is filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents to delete zero value and restore the guideline value for petitioners' lands measuring 0.25.50 Hec. comprised in Old S.F.No.1192, New R.S.No.561/1B, Patta No.2965, Kangayam Village, Tiruppur district by considering the petitioners' representation dated 25.01.2023.

For Petitioner(s) :

Mr.N.Manoharan For Respondent(s) :

Mr.P.Harish, GA for R1 & 2 No appearance for R3

ORDER

This writ petition is filed to direct the respondents to delete zero value and restore the guideline value for petitioners' lands measuring 0.25.50 Hec. comprised in Old S.F.No.1192, New R.S.No.561/1B, Patta No.2965, Kangayam Village, Tiruppur district by considering the petitioners' representation dated 25.01.2023.

2. Learned counsel for the petitioners would submit that the property measuring 0.25.50 Hec., bearing Old S.F.No.1192, New R.S.No.561/1, Kangayam, Tiruppur District along with larger extent were owned by petitioners' ancestors, wherein 65 3/4 cents were allotted to petitioners' father. This being the case, the Assistant Settlement Officer vide order dated 30.04.1997 granted patta in favour of the third respondent temple in respect of 7.22 Acres in the aforesaid S.F.No.1192. Challenging the same, the petitioners' father filed C.M.A.No.58 of 1995, before the Minor Inam Tribunal/Principal Sub Court, Erode and the same was allowed on 26.06.1993, by remitting the matter to the Settlement Officer to pass an order afresh. Pursuant to which, the Assistant Settlement Officer vide order dated 30.07.1997 granted Ryotwari patta in respect of 65 cents in S.F.No.1192. Therefore, the said order had attained finality and no appeal has been preferred by the third respondent temple.

3. Learned counsel for the petitioner would further submit that the petitioners' father has also remitted the fair rent as fixed by the Tahsildar. Accordingly, the Revenue Tahsildar, Kangayam granted patta No.2965 to the petitioners father, after effecting sub division for Old S.F.No.1192 to New.S.F.No.561/1B, measuring 0.25.5 Hec. After the demise of petitioners' father, they applied for an encumbrance certificate, where lands in New S.F.No.561/1B has been shown as "Government Hindu Religious Charitable Lands". Therefore, the petitioners have submitted a representation dated 25.01.2023, before the respondents 1 and 2 to delete the 'zero' value and to restore the guideline value for the New S.F.No.561/1B. However, the said representation was not considered, as on date. Hence, this writ petition.

4. Learned Government Advocate appearing for the respondents 1 and 2 would submit that the petitioners' representation will be considered by the respondents within a time frame to be fixed by this Court.

5. Heard the learned counsel on either side and perused the materials available on record.

6. The facts of the case are not in dispute. The Settlement Officer issued patta to the petitioners' father by virtue of the order passed in CMA.No.58 of

1995 dated 26.06.1993. If at all the third respondent temple is aggrieved, they supposed to have challenged the same by way of filing an appeal or established their rights before the competent Civil Court. However, till date, the third respondent temple has neither filed any appeal nor obtained any order. Since the petitioners' father was issued with a Ryotwari patta, the petitioners' possession cannot be disturbed by the third respondent temple.

7. In view of the above, this Court directs the respondents to dispose of the petitioners' representation dated 25.01.2023, after issuing due notice and opportunity of personal hearing to the petitioners as well as the third respondent temple, on merits and in accordance with law, within a period of six weeks from the date of receipt of a copy of this order.

8. With the aforesaid observation and direction, this writ petition stands disposed of. No costs.

List the case on 16.06.2026 under the caption "For Reporting Compliance".

02-04-2026 Index: Yes/No Speaking/Non-speaking order VM

To:

1. The District Registrar, Office of the District Registrar, Neruperichal, Tiruppur District.

2. The Sub Registrar, Sub Registrar Office, Kangayam 638 701, Tiruppur District.

3. Assistant Commissioner Executive Officer, A/M Subramaniaswamy Temple, Sivanmalai, Kangayam 638 701, Tiruppur District.

KRISHNAN RAMASAMY, J.

VM 02-04-2026