V.P.Alagesan v. The Assistant Commissioner

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.09.2023

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.25047 of 2023 V.P.Alagesan

...Petitioner

Vs.

1.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Arulmigu Veeragava Perumal Temple Complex, Tiruppur - 641 604.

2.The Executive Officer, Arulmigu Vairava Perumal Temple, 16, Velampalayam, Uthukuli Taluk, 3.The District Registrar, District Registration Office, 1/529, Nerupperichal Village, Pooluvapatti Post, Tirupur.

4.The Tahsildar, Uthukuli Taluk,

5.The District Revenue Officer, Office of the District Collector,

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India for issuance of a Writ of Mandamus, directing the respondents 3 to 5 herein to mutate the revenue record and registration record of the land measuring 2.10 acres, situated in S.Nos.63/2B & 63/2C [previously S.Nos.5B & 8B] in No.16, Velampalayam Village, Uthukuli Taluk, Tiruppur District to and in favour of Arulmigu Vairava Perumal Temple.

For Petitioner :

Mr.S.P.Chockalingam For R1 & R2 :

Mr.K.Karthiekyan Government Advocate [H.R.&C.E.] For R3 to R5 :

Mr.P.Kumaresan Additional Advocate General Assisted by Mr.E.Sundaram Government Advocate

ORDER

The learned Additional Advocate General appearing on behalf of the State submitted a copy of the Patta proceedings issued by the competent authority.

2.Accordingly, necessary changes were effected in the revenue records and the name of the temple has been entered based on the judgment and decree passed in Second Appeal Nos.1496 and 1497 of 1985 dated 22.01.1999. In view of the transfer of patta made in favour of the temple, necessary entries are directed to be made in the Encumbrance Certificate by the registering authority. It is needless to state that all consequential actions are to be initiated to make the records straight as per the proceedings of the revenue authorities. In this regard, the temple authorities are directed to initiate all necessary steps to protect the temple property and to effect changes in the revenue records and in the Encumbrance Certificate. 3.With this direction, the writ petition stands disposed of. No costs. 04.09.2023 cse Index:Yes/No Speaking order/Non-speaking order

To 1.The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Arulmigu Veeragava Perumal Temple Complex, Tiruppur - 641 604.

2.The Executive Officer, Arulmigu Vairava Perumal Temple, 16, Velampalayam, Uthukuli Taluk, 3.The District Registrar, District Registration Office, 1/529, Nerupperichal Village, Pooluvapatti Post, Tirupur.

4.The Tahsildar, Uthukuli Taluk, 5.The District Revenue Officer, Office of the District Collector,

S.M.SUBRAMANIAM, J.

cse 04.09.2023