Vairamuthu Chettiar v. The District Revenue Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.08.2021

CORAM

THE HON'BLE MR. JUSTICE SENTHILKUMAR RAMAMOORTHY W.P.(MD) No.13364 of 2021 Vairamuthu Chettiar ... Petitioner Vs.

1.The District Revenue Officer, Karur District, Karur.

2.The Sub Collector/ Revenue Divisional Officer, Kulithalai, Karur District.

3.The Thasildar, Taluk Office, Krishnarayapuram, Karur District.

4.The Sub Registrar, Krishnarayapuram, Karur, Karur District.

5.Pappammal @ Nakammal @ Nachiyammal 6.S.Maruthairettiar 7.Aalagammal 8.Periyasamy Naicker 9.Erra Naicker 10.R.Ponnusamy 11.Vellaiammal 12.Arukkaniammal 13.M.Kaliammal 14.R.Thayammal 15.Nallusamy ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the fourth Respondent to put notice on the Petitioner on the basis of his protest petition, dated 31.10.2020, which has been filed with regard to registration of any documents by the Respondents 5 to 15 and any other persons for the Petitioner temple properties bearing Survey Nos.662/2, 666/2, 997/2, 997/3, 997/4 and 847 situated at revenue village of Mahadanapuram, Krishnarayapuram Taluk, Karur District.

For Petitioner :

Mr.R.Murugappan For Respondent No.1 to 4 :

Mr. R.Baskaran Counsel for State 1/3

O R D E R

The petitioner seeks to prevent the registration of deeds of conveyance in respect of the properties bearing Survey Nos.662/2, 666/2, 997/2, 997/2, 997/3, 997/4 and 847 situated in the revenue village of Mahadanapuram, Krishnarayapuram Taluk, Karur District. 2.The petitioner states that he is the hereditary trustee of the Arulmigu Alaga Nachi Amman and Karuppanna Samy Kovil, situated at old Jeyangkonda Cholapuram (Post), Krishnarayapuram Taluk, Karur District. He states that the properties bearing the aforesaid survey numbers belong to the Temple. However, a Ryotwari patta was erroneously issued in favour of the respondents 5 to 15 herein. Accordingly, a statutory remedy was availed of before the first respondent. In view of the non disposal thereof, the petitioner filed W.P.(MD).No.11038 of 2021 which came to be allowed on 27.07.2021, whereby the first respondent was directed to dispose of the appeal expeditiously.

3.Meanwhile, the petitioner states that respondents 5 to 15 are endeavouring to transfer the aforesaid properties to third parties. The present Writ Petition is filed in these facts and circumstances. 4.Mr.R.Baskaran, learned counsel for the State, accepts notice on behalf of respondents 1 to 4. He submits, on instructions, that no conveyances have been registered as regards the aforesaid properties on or after 28.03.2007.

5.Given the fact that no conveyances have been registered as regards the properties in question, it would suffice to direct the fourth respondent to consider and dispose of the protest petition of the petitioner dated 31.10.2020.

6.Accordingly, without going into the merits of the petitioner's representation, the fourth respondent herein is directed to consider the protest petition and dispose of the same by a reasoned order after providing a reasonable opportunity of hearing to the petitioner and to all the private respondents herein. Such reasoned order shall be passed within a period of three months from the date of receipt of a copy of this order. On account of the fact that the fourth respondent has been directed to hear the private respondents before taking a decision, this Writ Petition is disposed of without notice to such respondents. 7.W.P.(MD).No.13364 of 2021 is disposed of on these terms without any order as to costs.

Sd/- Assistant Registrar (CS I) // True Copy // / /2021 Sub Assistant Registrar(CS) 2/3

Note : In view of the present lock down owing to COVID19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned. To 1.The District Revenue Officer, Karur District, Karur.

2.The Sub Collector/ Revenue Divisional Officer, Kulithalai, Karur District.

3.The Thasildar, Taluk Office, Krishnarayapuram, Karur District.

4.The Sub Registrar, Krishnarayapuram, Karur, Karur District.

+1CC to The Special Government Pleader (SR25350) W.P.(MD) No.13364 of 2021 04.08.2021 SSS RS (11.08.2021) 3P-6C 3/3