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Madras High CourtWP(MD)/27205/2025disposed of

The Dharmapuram Adheenam Mutt v. The Inspector General Of Registration

2025-11-27Honourable Mr Justice G.R.Swaminathan6 pages

1 W.P.(MD)NO.27205 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 27.11.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.27205 of 2025 The Dharmapuram Adheenam Mutt, Rep.by its Manager, Mayiladuthurai, Mayiladuthurai District.

... Petitioner Vs.

1.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai - 600 028.

2.The Sub Registrar, Radhapuram Sub Registrar Office, Tirunelveli - 627 002.

3.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Nungampakkam High Road, Chennai - 34.

4.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli.

5.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District.

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2 W.P.(MD)NO.27205 OF 2025 6.The Tahsildar, Radhapuram Taluk, Tirunelveli District.

... Respondents (R5 and R6 suo motu impleaded vide order dated 11.11.2025) Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents 1 and 2 to consider petitioner representation dated 19.06.2025 and consequently direct the respondents 1 and 2 to take appropriate action to fix a proper guideline value for the lands belonging to our aadheenam standing in Patta Nos.2 and 3 at Irukkanthurai Village, Radhapuram Taluk, Tirunelveli District and consequently direct the respondents 1 and 2 to register the documents and deeds more specifically the lease deeds if any presented by the petitioner aadheenam by following due process of law within a time-frame fixed by this court.

For Petitioner : Mr.S.Ramesh For Respondents : Mr.S.Shanmugavel, Additional Government Pleader for R1 to R4 Mr.M.Lingadurai, Special Government Pleader for R5&R6 * * *

ORDER

Heard both sides.

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3 W.P.(MD)NO.27205 OF 2025 2.It is not in dispute that the petitioner - mutt is the owner of the petition mentioned lands. The petitioner wants to lease them out for generating revenue. Section 34 of the Hindu Religious and Charitable Endowments Act, 1959 will come into play only if the lease period is for a period beyond five years. In the case on hand, the lease period is less than five years. Therefore, clearance from the department is not required. But the petitioner is unable to register the document for the reason that the land value has been shown as zero. It appears that the authorities have valued the temple and mutt lands as zero. Such a stand has been taken probably to ensure that they are not illegally alienated. But then, by showing so, the right of the petitioner-mutt to deal with the property within the parameters of the law cannot be taken away.

3.The petitioner is directed to submit the list of properties which they are proposing to lease out to the sixth respondent. The sixth respondent shall thereafter take up the matter with the fifth respondent. It is for the revenue and registration department to coordinate between themselves and fix the guideline value. The authorities concerned shall act in the matter upon production of a copy of this order. After the valuation exercise is completed, the details shall 3/6

4 W.P.(MD)NO.27205 OF 2025 be uploaded in the concerned website. The entire exercise shall be completed within a period of four months from the date of receipt of copy of this order. Once the details are uploaded, the petitioner is entitled to present the lease deed for registration. It shall be received, registered and released by the registering officer subject to the other usual formalities.

4.This writ petition is disposed of. No costs. 27.11.2025 NCS : Yes / No Index : Yes / No Internet : Yes/ No skm To:

1.The Inspector General of Registration, 100, Santhome High Road, Pattinapakkam, Chennai - 600 028.

2.The Sub Registrar, Radhapuram Sub Registrar Office, Tirunelveli - 627 002.

3.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Nungampakkam High Road, Chennai - 34.

4.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tirunelveli.

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5 W.P.(MD)NO.27205 OF 2025 5.The Revenue Divisional Officer, Cheranmahadevi, Tirunelveli District. 6.The Tahsildar, Radhapuram Taluk, Tirunelveli District. 5/6

6 W.P.(MD)NO.27205 OF 2025 G.R.SWAMINATHAN,J.

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