Venkataraman G v. The Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.11.2024

CORAM:

THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN and W.M.P.(MD)Nos.17099 & 17100 of 2023 Venkataraman. G ... Petitioner /Vs./

1. The Executive Officer Arulmigu Aranganathaswamy Thirukovil, Srirangam, Trichy 620 006

2. The Sub Registrar Srirangam, Trichy 620 006.

... Respondents P RAYER : Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari, to call for the records relating to the impugned communication of the 1st respondent to the 2nd respondent in Na.Ka.No. 4299-(1)/1431/B4/ dated 01.06.2023 quash the same and grant such further or other reliefs.

For Petitioner : Mr.Pon Ramkumar For Respondents : Mr.S.P.Maharajan Special Government Pleader for R2 : Mr.M.Saravanan for R1 1/5

ORDER

This Writ Petition has been filed challenging the circular issued by the first respondent to the second respondent dated 01.06.2023, in Na.Ka.No.4299-(1)/1431/B4, raised objection to deal with certain property.

2. The petitioner owned property comprised in T.S.Nos.2620/5 and 2620/6 situated at Vellithirumutham Revenue Village, Block 69 of New Ward A, Tiruchirappalli, which was purchased by registered sale deed dated 24.08.2020. The petitioner had obtained permission to construct a multi-storied building with 14 residential apartments. Sofar sold out 9 apartments and in respect of remaining apartments, the petitioner approached the second respondent for registration of sale deed. However, the petitioner was informed about the circular issued by the first respondent not to deal with the property, since it belongs to the first respondent temple. The petitioner's father's vendors were issued settlement patta and also revenue patta in respect of the subject land. 2/5

3. This is only an objection and the second respondent has to decide whether objections raised by the first respondent is valid or not. That apart, even before presentation of any document for registration, the petitioner ought not to have challenged the objections raised by the petitioner before the second respondent.

4. In view of the above submissions, if any document presented for registration by the petitioner, the second respondent is directed to issue notice in respect of the subject property to the first respondent and conduct an enquiry. During enquiry, the petitioner is at liberty to submit all the document and the second respondent has to consider those documents in the light of the order passed by the Hon'ble Division Bench of this Court reported in 2017-3-CTC-135 (Sudha Ravi Kumar V. The Special Commissioner) and in the light of the settlement patta and revenue patta and pass orders on merits and in accordance with law.

5. With the above directions, this Writ Petition is disposed of. 3/5

No costs. Consequently, connected Miscellaneous Petitions are closed. 06.11.2024 Index : Yes / No Internet : Yes/No NCC : Yes / No LS TO:-

1. The Manager Canara Bank, K.Pudur Branch, Madurai - 625 007

2. The Secretary to Government The Ministry of Human Resources Department, Government of India, New Delhi.

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G.K.ILANTHIRAIYAN , J.

LS Order made in Dated:

06.11.2024 5/5