Jeyanthi v. The Special Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.07.2024

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Jeyanthi ... Petitioner Vs.

1.The Special Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 14.

2.The Joint Commissioner, Sri Renganatha Swami Temple, Hindu Religious and Charitable Endowment Department, Srirangam, Trichy.

3.The Sub Registrar, Sub Registrar Officer, Srirangam.

... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the third respondent's proceedings in Na.Ka.No.109/2024 dated 26.03.2024 and quash the same and consequently direct the third respondent to register the Settlement Deed presented by the petitioner in 1/4

respect of the property in Flat No. FF-D, 'ACHYUTAM APARTMENT', comprised in Old T.S.No. 747, New Ward No. 2, New Block 55, New T.S.No. 2584/1, 2, at Rajaji Street, Renga Nagar, Vellithirumutham Village, Srirangam Taluk without insisting No Objection Certificate from the second respondent.

For Petitioner : Mr.K.Mahendran For Respondents : Mr.B.Saravanan Additional Government Pleader

ORDER

Heard both sides.

2.The petition mentioned document was refused registration on the ground that the property covered under the settlement deeds belongs to Arulmigu Renganatha Swami Temple. Refusal check slip was issued to that effect. Challenging the same, the present writ petition came to be filed.

3.When the matter was taken up for hearing, it is noted that the properties that are comprised in Old T.S.No.747 corresponding to New T.S.No.2584/1, 2 and they were acquired way back in the year 1949. Award was also passed on 28.11.1951. In these circumstances, the very 2/4

basis on which the impugned refusal check slip has been issued stand undermined. It is quashed. The petitioner is permitted to re-present the document. It shall be received, registered and released by the third respondent subject to fulfilment of other usual formalities. 4.The writ petition is allowed accordingly. There shall be no order as to costs.

23.07.2024 NCC : Yes / No Index : Yes / No Internet : Yes / No MGA To 1.The Special Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 14.

2.The Joint Commissioner, Sri Renganatha Swami Temple, Hindu Religious and Charitable Endowment Department, Srirangam, Trichy.

3.The Sub Registrar, Sub Registrar Officer, Srirangam.

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G.R.SWAMINATHAN,J.

MGA 23.07.2024 4/4