Madras High CourtWP(MD)/7477/2019disposed of

Sp.Krishnan, v. The Inspector General Of

2019-04-29Honourable Mr Justice G.R.Swaminathan2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.04.2019

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.7477 of 2019 SP.Krishnan ... Petitioner Vs.

1. The Inspector General of Registration, No.110, Santhome High Road, Chennai - 600 028, Tamil Nadu.

2. The District Registrar(Administration), Sivagangai Registration District, Sivagangai.

3. The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Paramakudi.

4. The Sub Registrar No.II, No.II, Sub Registrar Office, Karaikudi.

5. K.Indirani ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation dated 02.01.2019 and cancel the sale deed dated 01.07.2011 which was registered in the office of the fourth respondent vide Document No.4762/2011 by alienating the property of the temple to the fifth respondent illegally.

For Petitioner : Mr.V.Rajiv Rufus For R-1 to R-4 : Mr.M.Murugan, Government Advocate.

For R-5 : Mr.P.Athimoola Pandian

O R D E R

Heard the learned counsel on either side.

2. The learned counsel appearing for the fifth respondent submitted that he wants to file counter affidavit.

3. The petitioner's case is that the property belonging to a temple has been illegally sold in favour of the fifth respondent. He wants the document in question to be nullified. https://hcservices.ecourts.gov.in/hcservices/

4. As rightly pointed out by the learned counsel appearing for the Registration Department, it is only the civil Court that can grant such a relief. But then, the second respondent can conduct an enquiry on the petitioner's representation dated 02.01.2019 in terms of Circular vide Letter No.41530/U1/2017 dated 31.07.2018. The second respondent shall hold an enquiry and conclude the same within a period of twelve weeks from the date of receipt of a copy of this order. The second respondent will of course put the fifth respondent on notice.

5. It is made clear that this Court has not pronounced anything on the merits of the matter. This Writ petition stands disposed of, accordingly. No costs.

Sd/- Assistant Registrar (T & P) // True Copy // Sub Assistant Registrar(CS) pmu To

1. The Inspector General of Registration, No.110, Santhome High Road, Chennai - 600 028, Tamil Nadu.

2. The District Registrar(Administration), Sivagangai Registration District, Sivagangai.

3. The Assistant Commissioner, Hindu Religious & Charitable Endowment Department, Paramakudi.

4. The Sub Registrar No.II, No.II, Sub Registrar Office, Karaikudi.

+1CC TO MR.V.RAJIV RUFUS, Advocate Sr. No.64400 +1CC TO THE SPECIAL GOVERNMENT PLEADER SR.No. 65080 & 65031 W.P.(MD)No.7477 of 2019 29.04.2019 MT(CO) TR (20.05.2019) 2P 7C https://hcservices.ecourts.gov.in/hcservices/