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Madras High CourtWP/10204/2017disposed of

M/S.Sevoor Grama Arulmigu v. The Tahsildar

2019-11-20Honourable Mr Justice T.Raja3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.11.2019

CORAM:

THE HONOURABLE MR.JUSTICE T.RAJA W.P. No.10204 of 2017 M/s.Sevoor Grama Arulmigu Radha Rukmani Sametha Venugopala Krishna Swamy Thirukoil Trust, represented by its Managing Trustee Mr.G.Jayaraman ... Petitioner Vs 1.The Tahsildar, The Taluk Office Arni, Tiruvannamalai District, Tamil Nadu 632 301.

2.The Village Administrative Officer, Sevoor Village, Arni Tk., Tiruvannamalai District.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to transfer patta in the trust name. For Petitioner : Mr.Dharani Kasinathan For Respondents : Mrs.P.Rajalakshmi, Additional Government Pleader

ORDER

The petitioner has come to this Court seeking a direction to the respondents to transfer patta in the trust name. 2.It is the claim of the petitioner that the petitioner along with 90 other members formed a Committee to construct a temple for 'Lord Sri Krishna' in the year 2007. The temple committee members apart from their own contribution, had collected money from the villagers and constructed a temple of 'Arulmigu Radha Rukmani Samedha Venugoal Krishna Swamy Temple in the year 2009 and conducted Kumbabishegam and have been performing Krishna Jayanthi Festival every year. While so, on

23.11.2015, the committee had created a Trust in the name and style of 'Sevoor Grama Arulmigu Radha Rukmani Sametha Venugopal Krishna Swamy Thirukovil Trust' in Doc. No.63/2015 dated 23.11.2015 and the same has been registered at Sub Registrar Office, Arni and the petitioner has been elected as Managing Trustee of the Trust.

3.Learned counsel appearing for the petitioner would submit that one Mrs.Indhira Gandhi had executed a Gift Deed in favour of the Trust with regard to the property in Survey Nos.232/12 and 232/11D measuring to an extent of 62 sq.ft. and the patta stands in the name of one Mr.Perumalsamy, who is the husband of Mrs.Indhira Gandhi. When the property was transferred to the Trust, the petitioner approached the respondents for name transfer of patta, but they declined to issue patta in the name of the Trust. Therefore, the petitioner made a representation to the respondents on 25.07.2016 to transfer the patta in the name of the Trust with regard to the above said property. Since there was no progress, the petitioner has been advised to come to this Court.

4.Learned Additional Government Pleader appearing for respondents sought for four weeks time to consider the representation given by the petitioner.

5.This Court, granting four weeks time, directs the Thasildar, the first respondent herein to consider the representation dated 25.07.2016 given by the petitioner and do the needful within a period of four weeks from the date of receipt of a copy of this order. Accordingly, the writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS-III) // True Copy// Sub Assistant Registrar vga To 1.The Tahsildar, The Taluk Office Arni, Tiruvannamalai District, Tamil Nadu 632 301.

2.The Village Administrative Officer, Sevoor Village, Arni Tk., Tiruvannamalai District.

+1cc to M/s.dharanikasinathan, Advocate, SR.No.96379. +1cc to Government Pleader, SR.No.97610.

W.P. No.10204 of 2017 RP (CO) CSR(17/12/2019)