Madras High CourtWP(MD)/4833/2024disposed of

D.Vellaichamy v. The District Registrar

2024-03-01Honourable Mr Justice G.R.Swaminathan4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.03.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and W.M.P.(MD)No.4642 of 2024 D.Vellaichamy ... Petitioner Vs.

1.The District Registrar, Registration Department, Virudhunagar District, Virudhunagar.

2.The Joint Commissioner, Hindu Religious and Charitable Endowment, Madurai.

3.The Revenue Divisional Officer, Aruppukkottai Sub Division, Virudhunagar District.

4.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Virudhunagar.

5.The Tahsildar, Kariapatti Taluk, Virudhunagar District.

6.The Sub Registrar, Sub Registrar Office, Kariapatti, Virudhunagar District.

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7.Rasu 8.Annam 9.Palraj 10.Selvam 11.Pandi 12.Elangovan 13.Muthumari 14.Jeyalakshmi ... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the 1st respondent to conduct enquiry on the fraudulent registration of documents between the respondents 7 to 14 as mentioned in the representation of the petitioners dated 11.12.2023 in respect of the land belongs to Kariapatti Sri Ayyanar Temple, Virudhunagar District comprised in S.No.1/1A, Kariapatti Village, Virudhunagar District and declare those documents are fraudulently executed, consequently direct the respondents 2 and 4 to retrieve back all the lands belonged to the Kariapatti Sri Ayyanar Temple, Virudhunagar District comprised in S.No.1/1A, Kariapatti Village, Virudhunagar District by invoking Section 78 & 79 of Hindu Religious and Charitable Endowments Act, 1959 within time frame as fixed by this Court.

For Petitioner : Mr.S.Balamurugan For Respondents : Mr.D.S.Nedunchazian Government Advocate for R1, R3, R5 & R6 : Mr.B.Saravanan Additional Government Pleader for R2 & R4 2/4

ORDER

Heard the learned counsel appearing for the petitioner and the learned Government Advocate for R1, R3, R5 & R6 and the learned Additional Government Pleader appearing for R2 & R4. Issuance of notice to the private respondents is dispensed with.

2. The petitioner seeks cancellation of the petition mentioned document. Obviously, the petitioner is invoking Section 77A of the Registration Act. The said complaint shall be kept pending by the first respondent. The first respondent will take a call in the matter based on the decision to be rendered by the Larger Bench on the scope and applicability of Section 77A of the Registration Act.

3. The Writ Petition is disposed of accordingly. No costs. Consequently, connected miscellaneous petition is closed.

01.03.2024 Index : Yes / No Internet : Yes/ No rmi 3/4

G.R.SWAMINATHAN, J.

rmi To 1.The District Registrar, Registration Department, Virudhunagar District, Virudhunagar.