Palaniyandi v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.11.2023

CORAM:

THE HONOURABLE MR.JUSTICE B.PUGALENDHI Palaniyandi ... Petitioner versus

1. The Commissioner, No.119, Nungambakkam, Chennai.

2. The Joint Commissioner, N.S.Nagar, Mullipparai,

3. The Assistant Commissioner, Dindigul Bus Stand (Opp), 1/6

4. The Tahsildar (Temple Land) ... Respondents Writ Petition filed under Article 226 of the Constitution of India, seeking for the issuance of Writ of Mandamus, to direct the respondents 1 to 3 to issue no objection certificate (NOC) for registering the property in Survey No.81/2A1 to an extent of 24 cents situated at Panniyamalai Village, Natham Taluk, Dindigul District, by considering the petitioner's representation dated 15.12.2022 and reminder letter dated 25.08.2023 in accordance with law within time stipulated by this Court.

For Petitioner : Mr.D.Balamuruga Pandi For Respondents : Mr.P.Subba Raj, Special Government Pleader

ORDER

The grievance of the petitioner is that the Sub Registrar, Natham, has refused to register a document with regard to the property in Survey No.81/2A1, by referring to the objections raised by the HR&CE Department and instructed to get a No Objection Certificate from the 2/6

HR&CE Department. Though he made representations to the respondents, there was no response to the same. Hence, the present writ petition.

2. The learned counsel appearing for the petitioner submitted that the subject property in Survey No.81/2A1 is not a temple property. However, the petitioner was instructed to get a No Objection Certificate from the HR&CE Department.

3. Therefore, this Court directed the learned Special Government Pleader to ascertain as to whether the subject property belongs to the HR&CE Department or not.

4. The learned Special Government Pleader appearing for the respondents, based on the written instructions submitted by the Assistant Commissioner of HR&CE Department, Dindigul, submits that the subject property is not a temple property. 3/6

5. In view of the said submission, this writ petition is allowed with a direction to the Sub Registrar, Natham, to register the document submitted by the petitioner forthwith. No costs. 06.11.2023 ogy NCC : Yes / No.

Index : Yes / No.

Internet : Yes / No.

Note: The Registry is directed to mark a copy of this order to the Sub Registrar, Natham.

To

1. The Commissioner, No.119, Nungambakkam, Chennai.

4/6

2. The Joint Commissioner, N.S.Nagar, Mullipparai,

3. The Assistant Commissioner, Dindigul Bus Stand (Opp),

4. The Tahsildar (Temple Land) 5/6

B.PUGALENDHI, J.

ogy 06.11.2023 6/6