K.P.Jothikumar v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No. 13333 of 2025 K.P.Jothikumar ... Petitioner Vs.

1. The District Collector, Kannyakumari District, Nagercoil.

2. The Thasildhar, Killiyoor Taluk, Killiyoor, Kannyakumari District.

3. The Sub Registrar, Karungal Sub Register Office, Karungal, Kannyakumari District.

4. The Joint Commissioner, H.R. and C.E, Kannyakumari District Temples, Head Office, Susindram, Kannyakumari District.

5. The Assistant Commissioner, H.R. and C.E., Kannyakumari District. ...Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the 3rd respondent to fix guideline value for Re.Sy.No. 428/1 of Palloor Village and may register the sale deed going to be executed by the petitioner on the basis of the NOC issued by the 4th respondent.

For Petitioner : Mr.K.P.Narayanakumar For R1 to R3 : Mr.D.Sasikumar Additional Government Pleader For R4 : Mr.R.Shankar Ganesh For R5 : 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 3rd respondent to fix guideline value for Re.Sy.No. 428/1 of Palloor Village and may register the sale deed going to be executed by the petitioner on the basis of the NOC issued by the 4th respondent. 2.The contention of the petitioner is that the 4th respondent has submitted an objection stating that the land belongs to the temple. If it is so, the 3rd respondent ought to conduct an enquiry by issuing notice to the petitioner and the respondents 4 and 5, 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.

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3.The learned Counsel appearing for the petitioner submitted that the petitioner is inclined to sell the property because he needs finance for the treatment purpose. Therefore, the 3rd respondent is strictly directed to issue notice to the petitioner and the respondents 4 and 5, conduct an enquiry and pass orders within the stipulated time. The temple shall submit their contention within a period of one week from the date of receipt of a copy of this order and the respondents shall pass orders within a period of two weeks there from. 4.With the above observations, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

30.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg Note: Issue order copy on 30.06.2025.

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To:

1. The District Collector, Kannyakumari District, Nagercoil.

2. The Thasildhar, Killiyoor Taluk, Killiyoor, Kannyakumari District.

3. The Sub Registrar, Karungal Sub Register Office, Karungal, Kannyakumari District.

4. The Joint Commissioner H.R. and C.E, Kannyakumari District Temples, Head Office, Susindram, Kannyakumari District.

5. The Assistant Commissioner H.R. and C.E., KannyakumariDistrict.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 30.06.2025 5/5