Madras High CourtWP(MD)/10621/2021disposed of

Parthipan.P v. The Commissioner

2022-02-23Honourable Mr Justice C. Saravanan2 pages

W.P.(MD) No.10621 of 2021 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.02.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.10621 of 2021 P.Parthipan ... Petitioner /vs./ 1.The Commissioner, Hindu Religious and Charitable Endowments, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2. The Deputy Commissioner/Executive Officer, Arulmigu Subramaniya Swamy Thirukovil, Thirupparankundram, Madurai - 625 002.

3.The Sub Registrar, Registration Office, Thirupparankundram.

... Respondents PRAYER: Writ petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, directing the respondent to delete the entries in respect of the land in (*)old S.No.22/2 in New S.No.22/10 of Thiruparankundram Village made in the property register of the second respondent temple and consequently direct the second respondent to issue no objection certificate to the petitioner in order to execute sale deed from the office of the Sub Registrar, Thiruparankundram by considering the petitioner representation dated 25.01.2021, within a period as stipulated by this Court.

For Petitioner : Mr.S.Atham Ali For R1 & R3 : Mr.P.Subbaraj Special Government Pleader For R2 : Mr.V.Chandrasekaran

ORDER

After hearing the learned counsel for the petitioner, learned Special Government Pleader for the respondents 1 and 3 and the learned counsel for the 2nd respondent, this writ petition is disposed of, without expressing any opinion on the merits of the case as to whether the 2nd respondent can give 'No Objection Certificate' to the petitioner or not.

2.The petitioner appears to have purchased the property from one Vasumathiammal and has approached the 2nd respondent to issue the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.10621 of 2021 'No Objective Certificate'.

3.The learned counsel for the 2nd respondent submits that the petitioner's representation dated 25.01.2021 will be considered on merits and in accordance with law.

4.Recording the aforesaid submission, this writ petition is disposed of, by directing the 2nd respondent to consider the representation of the petitioner dated 25.01.2021 and pass appropriate orders on merits and in accordance with law, within a period of 30 days from the date of receipt of a copy of this order. The petitioner is directed to file all the documents as are required by the 2nd respondent for examining his request. It is needless to state that before passing such orders, the petitioner shall be heard. No costs.

Sd/- Assistant Registrar (CS-III) (*)Amended as per order of this Court dated 25.04.2022 Sd/- Assistant Registrar (Writs) // True Copy // / /2022 Sub Assistant Registrar(CS) mm To (*)to be substituted the order which is already despatched on 17/03/2022 1.The Commissioner, Hindu Religious and Charitable Endowments, 119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2.The Sub Registrar, Registration Office, Thirupparankundram.

3. The Deputy Commissioner/Executive Officer, Arulmigu Subramaniya Swamy Thirukovil, Thirupparankundram,Madurai - 625 002.

+1 CC to M/s.SPL GP ( SR-8298[F] dated 24/02/2022 ) +1 CC to Mr.S.ATHAM ALI, Advocate SR.No. 21398 W.P.(MD)No.10621 of 2021 23.02.2022 KMV(CO) GC(09.03.2022) 2P 5C TR(26.04.2022) 2P 6C https://hcservices.ecourts.gov.in/hcservices/ 2/2