Pm. Rajasekar v. The Inspector General Of Registration,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY PM. Rajasekar ...Petitioner Vs.
1.The Inspector General of Registration, Santhome High Road, Chennai.
2.The District Registrar, Administration, Tirunelveli District.
3.The Sub Registrar, Radhapuram 627 011.
4.The Executive Officer, Arulmigu Varaguna Pandeeswarar Thirukovil, Radhapuram, Tirunelveli District. ... Respondents PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 2 and 3 to remove the zero value entered for the lands in S.No.439/1A2, measuring 1.29.50 hectares (3 acres 20 cents) and in S.No.439/1B1 measuring 0.32.00 (79 cents) in Radhapuram Village, Radhapuram Taluk, Tirunelveli District and to restore the original and real guideline value as it stood earlier. 1/5
For Petitioner : Mr.VR. Shanmuganathan For R1 to R3 : Mr.S.Saji Bino Special Government Pleader For R4 : Mr.S.S.Madhavan Additional Government Pleader
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents 2 and 3 to remove the zero value entered for the lands in S.No.439/1A2, measuring 1.29.50 hectares (3 acres 20 cents) and in S.No.439/1B1 measuring 0.32.00 (79 cents) in Radhapuram Village, Radhapuram Taluk, Tirunelveli District and to restore the original and real guideline value as it stood earlier.
2.The learned Counsel appearing for the petitioner submitted that already a dispute arose for the same survey number and the petitioner has filed W.P.(MD)No.8167 of 2014, wherein this Court after considering the rival submissions has held that the disputed property is not a kattalai property. Against the said order no appeal is preferred. Therefore, the said order has attained finality.
3.Now the respondents raised a different plea stating that the land belongs to the Temple. The Executive Officer of Arulmigu Varaguna 2/5
Pandeeswarar Thirukovil, is the 4th respondent. 4.The learned Special Government Pleader appearing for the respondent 1 to 3 submitted that the land belongs to Arulmigu Sri Nithya Kalyani Ambaal Temple.
5.The learned Counsel appearing for the petitioner has sought information under the Right to Information Act wherein it has been stated that it belongs to Udayamarthandam Swami Temple.
6.Therefore, the question that has to be ascertained is to which temple does the land belongs to. Then, it would be appropriate to conduct an enquiry. This Court has already held that if any temple claims the land, then enquiry has to be conducted by issuing notice to the concerned temple as well as the claimant. Therefore, as per the order passed in the case of Sudha Ravi Kumar and Another Vs. The Special Commissioner and Others in W.P.Nos. 30589 of 2013 and batch, dated 05.04.2017, the 3rd respondent is directed to conduct an enquiry by calling the petitioner as well as the temples stated supra and then pass orders in accordance to law. The said exercise shall be completed within a period of 3 months from the date of receipt of a copy of this order. The parties shall act as per the outcome of the said enquiry. 3/5
7.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.
04.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To 1.The Inspector General of Registration, Santhome High Road, Chennai.
2.The District Registrar, Administration, Tirunelveli District.
3.The Sub Registrar, Radhapuram 627 011.
4.The Executive Officer, Arulmigu Varaguna Pandeeswarar Thirukovil, Radhapuram, Tirunelveli District.
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S.SRIMATHY , J.
Tmg ORDER MADE IN DATED : 04.07.2025 5/5