U. Arumugam v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:21.01.2016

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.15421 of 2014 1.U.Arumugam 2.U.Sundaram ... Petitioners Vs.

1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nunkampakkam, Chennai.

2.The Deputy Commissioner/Executive Officer, Arulmigu Subramaniaswami Thirukoil, Tiruppaprankundram, Madurai.

3.The Sub-Registrar, Office of Sub-Registrar, Tirupparankundram, Madurai. ... 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 take necessary steps to delete the petitioners' land bearing S.No.446/2 measuring 1 acre 77 cents in patta No.909, Tirupparankundram Village, Madurai from the list furnished by the second respondent to the third respondent and consequently directing the third respondent to register the encumbrance in respect of the above said property within the time limit fixed by this Court.

For Petitioner : Mr.PT.S.Narendra Vasan For R-1 & R-3 : Mr.S.Kumar, Additional Government Pleader For R-2 : Mr.S.Manohar

O R D E R

The petitioners seek for a Mandamus directing the second respondent to take necessary steps to delete the petitioners' land bearing Survey No.446/2, measuring 1 acre 77 cents in patta No.909, Tirupparankundram Village, Madurai from the list furnished by the second respondent to the third respondent and consequently directing the third respondent to register the encumbrance in respect of the above said property within a stipulated time. https://hcservices.ecourts.gov.in/hcservices/

2. According to the petitioners, the subject matter lands belong to them, which are wrongly included in the proceedings issued by the second respondent to the third respondent whereby a request was made not to register the documents pertaining to certain survey numbers including that of the petitioners' land. Making such grievance, the present Writ Petition is filed.

3. The learned counsel appearing for the second respondent temple submitted that the subject matter lands are 'inam lands' and therefore, the petitioners cannot make any claim. However, he submitted that as the petitioners have already made a representation before the second respondent on 21.08.2014, such representation will be considered and orders will be passed on merits and in accordance with law.

4. Considering the above stated facts and circumstances and without expressing any view on the rival contentions made by the parties, I only direct the second respondent to consider the representation of the petitioner, dated 21.08.2014 and pass orders on the same, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. With the above direction, this Writ Petition is disposed of. No Costs.

Sd/- Assistant Registrar(RTI) /True copy/ Sub Assistant Registrar pm To 1.The Commissioner, Hindu Religious and Charitable Endowment Department, Nunkampakkam, Chennai.

2.The Deputy Commissioner/Executive Officer, Arulmigu Subramaniaswami Thirukoil, Tiruppaprankundram, Madurai.

3.The Sub-Registrar, Office of Sub-Registrar, Tirupparankundram, Madurai.

+one cc to Mr.S.Manohar, Advocate in SR.No.4047 +one cc to Mr.PT.S.Narendravasan, Advocate in SR.No.3463 +one cc to The Special Government Pleader in SR.No. 3800 CSL/PM-MP/03.02.2016/2p/7c https://hcservices.ecourts.gov.in/hcservices/ W.P.(MD)No.15421 of 2014 21.01.2016