Nirmala v. The Special Commissioner And Commissioner
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.04.2025
CORAM:
THE HONOURABLE MR.JUSTICE V.LAKSHMINARAYANAN Nirmala ...
Petitioner Vs 1 The Special Commissioner and 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 Office, Srirangam.
...
Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of certiorarified mandamus, to call for the records relating to refusal check slip and refusal order issued by the 3rd respondent in her proceedings in Refusal No.RFL/Srirangam/48/2025, dated
01.04.2025, as well as the Refusal order in Na.Ka.No.29-48/2025, dated 01.04.2025, and quash the same as illegal and consequently direct the 3rd Respondent to register the Sale deeds or settlement deeds or any other documents when presented for registration by the petitioner with respect to the subject property in Municipal Old Ward No.I and New Ward No.A, Block No.55 in old S.No.2162/1B and 2162/2B and new T.S.No.2162/1B2 and 2162/2B1 to an extent of 3334 1⁄2 Sq.ft. in T.D.No.1099 and House bearing Door No.32-A situated at Mela Adaiyavalanchaan Veethi, Vellithiurmutham Revenue Village, Srirangam Taluk, Tiruchirapalli District, without insisting on No Objection Certificate from 1st and 2nd respondents. For Petitioner :
Mr.K.Mahendran For Respondent 1 : Mr.K.S.Selvaganesan, Addl. Govt. Pleader.
For Respondent 2 : Mr.M.Saravanan For Respondent 3 : Mr.R.Suresh Kumar, Addl. Govt. Pleader.
ORDER
Heard Mr.K.Mahendran for petitioner; Mr.K.S.Selvaganesan, for first respondent; Mr.M.Saravanan for second respondent; and Mr.R.Suresh Kumar for third respondent.
2. The issue involved in this Writ Petition is covered by a decision of this Court in Balasubramaniyan v. The Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department, Chennai, and Others, W.P.(MD) No.7463 of 2025, dated 19.03.2025.
3. Despite the vehement objections and the counter that have been presented by Mr.Saravanan, as the temple does not have any right over T.D.No.1099, but has right over T.D.No.1027, I am not inclined to consider the same.
4. Writ Petition is allowed. The impugned refusal check slip and refusal order issued by the 3rd respondent in her proceedings in Refusal No.RFL/Srirangam/48/2025, dated 01.04.2025, as well as the Refusal order in Na.Ka.No.29-48/2025, dated 01.04.2025, are quashed. There shall be a direction to the 3rd Respondent to register the sale deeds or settlement deeds or any other documents when presented for registration by the petitioner with respect to the subject property in Municipal Old Ward No.I and New Ward No.A, Block No.55 in old S.No.2162/1B and 2162/2B and new T.S.No. 2162/1B2 and 2162/2B1 to an extent of 3334 1⁄2 Sq.ft. in T.D.No.1099 and House bearing Door No.32-A situated at Mela Adaiyavalanchaan Veethi, Vellithiurmutham Revenue Village, Srirangam Taluk, Tiruchirapalli District,
without insisting on No Objection Certificate from 1st and 2nd respondents, within a period of two weeks from the date of uploading this order . No costs. 15.04.2025 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No dixit To:
1 The Special Commissioner and 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 Office, Srirangam.
V.LAKSHMINARAYANAN, J.
dixit 15.04.2025