Adecalamarie, v. V.Velmurugan

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 13.10.2023

CORAM

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

1. Adecalamarie

2. Sugantha Nancy

3. J.Victoria Rina

4. Justine

5. A.John Kumar

6. Vivilian Richard John Kumar ..

Appellants Vs.

1. V.Velmurugan

2. Union Territory of Puducherry Rep. by its Chief Secretary Secretariat, Goubert Avenue Puducherry - 605 001.

3. Inspector General of Registration cum Revenue Secretary Department of Revenue and Disaster Management Chief Secretariat, Puducherry - 605 001.

4. The District Registrar O/o. District Registrar Department of Registration Kamaraj Salai, Sakthi Nagar Saram, Puducherry - 605 013.

5. The Sub Registrar O/o. Sub Registrar Oulgaret, Town & Country Planning Building Ground Floor, Jawahar Nagar Boomianpet, Puducherry.

6. Rathinavelu

7. Mohansundari

8. M/s.Sabari Educational Society Rep. by Manoharan No.34, 9th Cross Street Brindavan, Puducherry.

9. P.Aroquia Das

10. Sri Kamatchi Amman Devasthanam Rep. by its Secretary, No.60, Bharathi Street Puducherry.

11. Superintendent of Police CBCID (SIT) Puducherry.

..

Respondents Prayer: Appeal filed under Clause 15 of the Letters Patent against the order in W.P.No.25472 of 2023 dated 22.09.2023. For the Appellants : Mr.S.Xavier Felix For the Respondents : Mr.S.Ravee Kumar Government Pleader (Puducherry) for R2 to R5 & R11 Mr.G.Karthikeyan Senior Counsel for M/s.A.Jagadeeswari & Vinodhini for R10

JUDGMENT

(Delivered by the Hon'ble Chief Justice) Heard Mr.S.Xavier Felix, learned counsel for the appellants, Mr.S.Ravee Kumar, learned Government Pleader (Puducherry) for respondents 2 to 5 and 11 and Mr.G.Karthikeyan, learned Senior Counsel for M/s.A.Jagadeeswari & Vinodhini for respondent 10.

2. The appeal, it appears that, is filed against the interim order. The writ petition is still pending with the learned Single Judge. Naturally, the writ petition will have to be disposed of. The appellants herein also have the right to file an appeal against the final order in the writ petition.

3. Be that as it may, one of the contentions of learned counsel for the appellants is that the Revenue Authorities or this Court could not decide the issue of title. It is only for the Civil Court to decide the same. The present appellants have also filed a suit before the Principal District Court at Puducherry.

It is for the appellants to prosecute the civil suit before the Competent Civil Court, as may be

permissible under law. The Civil Court certainly has to go into the aspect of title while deciding the civil suit.

4. As the writ petition is still pending and the learned Government Pleader (Puducherry) has made a submission that today morning, possession of the subject property has been taken and has been handed over to the Temple, we direct that till the disposal of the writ petition, the nature of the property may not be changed and till the writ petition is decided, the writ property shall not be subjected to further alienation and transfer.

5. Accordingly, the writ appeal stands disposed of. There will be no order as to costs. Consequently, C.M.P.No.23713 of 2023 is closed. (S.V.G., CJ.) (D.B.C., J.) 13.10.2023 Index : Yes/No drm

To

1. The Chief Secretary Union Territory of Puducherry Secretariat, Goubert Avenue Puducherry - 605 001.

2. Inspector General of Registration cum Revenue Secretary Department of Revenue and Disaster Management Chief Secretariat, Puducherry - 605 001.

3. The District Registrar O/o. District Registrar Department of Registration Kamaraj Salai, Sakthi Nagar Saram, Puducherry - 605 013.

4. The Sub Registrar O/o. Sub Registrar Oulgaret, Town & Country Planning Building Ground Floor, Jawahar Nagar Boomianpet, Puducherry.

5. Superintendent of Police CBCID (SIT) Puducherry.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(drm) 13.10.2023