Manoharan.V v. The Joint Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA V.Manoharan .. Petitioner Vs.

1.The Joint Commissioner, HR & CE Department, Ellis Nagar, Madurai.

2.The Executive Officer/ Assistant Commissioner, Arulmigu Koodal Azhagar Thirukovil, Madurai.

3.The District Registrar Administration, Place Road, Madurai.

4.N.Banu Mathi 5.P.Rajendran 6.P.Jeya Prakash Narayanan .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus directing respondents 1 and 2 to furnish the clarification over the Keela Ramanuja Koodam situate in

Survey No.550/1A, Anuppanadi, Madurai as sought by the third respondent in his proceedings Na.Ka.No.5144/2022/A4 dated 02.06.2022 and consequentially to direct the third respondent to complete the proceedings No.Na.Ka.No.2298/Aa2/2022 within time frame that may be stipulated by this Court.

For Petitioner :

Mr.V.P.Rajan For R1 :

Mr.P.Subbaraj Special Government Pleader For R2 :

Mr.S.Manohar

ORDER

This writ petition is filed for the issue of a Writ of Mandamus directing respondents 1 and 2 to furnish the clarification over the Keela Ramanuja Koodam situate in Survey No.550/1A, Anuppanadi, Madurai as sought by the third respondent in his proceedings Na.Ka.No. 5144/2022/A4 dated 02.06.2022 and consequentially to direct the third respondent to complete the proceedings No.Na.Ka.No.2298/Aa2/2022.

2. It is the case of the petitioner that since the property belonging to the Keela Ramanuja Koodam was being alienated to third parties and

documents were being created to encumber the properties, he had moved an application before the third respondent to cancel those documents. The third respondent, in turn, had sought information from the first and second respondents as to whether the said Kila Ramanuja Koodam belongs to the Hindu Religious and Charitable Endowments Department. Though such a communication has been forwarded on 23.03.2023 by the third respondent to the first and second respondents, there has been no response from them and the illegal act is continuing unabated. Therefore, the present writ petition.

3. Heard the learned counsel appearing for the parties.

4. Considering the limited request made and taking into account the fact that the repository of these documents would be the first respondent, in case, the property comes under its jurisdiction, it would be in the interests of justice, if a mandamus is issued to the first respondent. Meanwhile, learned counsel for the second respondent would submit that even the temple has certain documents in their custody. Therefore, this

Writ Petition is disposed of directing the second respondent to submit the records to the first respondent within a period of two weeks from the date of receipt of a copy of this order and within a week from the receipt of the report from the second respondent, the first respondent shall give necessary intimation to the third respondent with a copy marked to the petitioner. No costs.

30.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes abr

To 1.The Joint Commissioner, HR & CE Department, Ellis Nagar, Madurai.

2.The Executive Officer/ Assistant Commissioner, Arulmigu Koodal Azhagar Thirukovil, Madurai.

3.The District Registrar Administration, Place Road, Madurai.

P.T.ASHA, J.

abr Dated: 30.06.2023