S.Prabhu v. The Joint Commissioner / Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 23.09.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Rev.Apl.W(MD)No.160 of 2024 S.Prabhu ... Petitioner / Petitioner Vs.

1.The Joint Commissioner / Executive Officer, Hindu Religious and Charitable Endowments Department, Arulmighu Inmaiyil Nanmai Tharuvar Thirukovil, 15, Arisekara Street, West Masi Street, Madurai 605 001.

2.The Manager, Sivagangai Samasthanam Devasthanam, Sivagangai District.

3.The District Registrar, Registration Department, Integrated Complex of Registration Department, TNAU Nagar, Rajakampeeram, Madurai District.

4.The Sub-Registrar, Othakadai Sub Registrar Office, Integrated Complex of Registration Department, Madurai District. ... Respondents / Respondents 1/4

PRAYER: Petition filed under Order 47 Rule 1 & 2 r/w Section 114 of C.P.C., praying to review the order passed in W.P.(MD)No.24981 of 2023 dated 16.10.2023.

For Petitioners : Mr.K.Balasundaram Senior Counsel for M/s.R.Pranavi For Respondent : Mr.K.Balasubramani Special Government Pleader for R1, R3 & R4 : Mr.S.Manohar for R2

ORDER

Heard the learned senior counsel appearing for the review applicant and the learned counsel appearing for the contesting respondent and the learned Special Government Pleader appearing for the official respondents.

2. The review applicant herein filed W.P.(MD)No.24981 of 2023 questioning the refusal check slip dated 26.06.2023 issued by the registering authority. The writ petition was disposed of by relegating the petitioner to go before the jurisdictional civil Court. I was under the 2/4

impression that in respect of the petitioner's house property, civil suit is pending. It is now categorically asserted by the learned senior counsel appearing for the review applicant that no civil suit is pending.

3. In this view of the matter, the order dated 16.10.2023 in W.P. (MD)No.24981 of 2023 is set aside. Since the order passed by the registering authority is appealable before the District Registrar, Madurai under Section 72 of the Registration Act, the review applicant is at liberty to file an appropriate appeal. If any such appeal is filed within four weeks from the date of receipt of a copy of this order, it shall be entertained without reference to limitation and given a disposal within a period of three months thereafter. I have not gone into the merits of the matter. The contentions of both the parties are left open. In the said appeal, the respondents herein shall be put on notice. The review application is allowed on these terms. No costs. 23.09.2024 Index : Yes/No Internet : Yes/No rmi 3/4

G.R.SWAMINATHAN, J.

rmi To 1.The Joint Commissioner / Executive Officer, Hindu Religious and Charitable Endowments Department, Arulmighu Inmaiyil Nanmai Tharuvar Thirukovil, 15, Arisekara Street, West Masi Street, Madurai 605 001.

2.The District Registrar, Registration Department, Integrated Complex of Registration Department, TNAU Nagar, Rajakampeeram, Madurai District.

3.The Sub-Registrar, Othakadai Sub Registrar Office, Integrated Complex of Registration Department, Madurai District.

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