SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2020 Supreme(Mad) 1061

IN THE HIGH COURT OF MADRAS AT MADURAI BENCH
S.S. SUNDAR, J.
P. Varadharajan – Appellant
Versus
Special Commissioner and Commissioner, Hindu Religious and Charitable Endowment Department and Others – Respondents
W.P. (MD) No. 1464 of 2020
Decided On : 12-02-2020

Advocates:
Advocate Appeared:
For the Appellant : K. Mahendran.
For the Respondents: M. Murugan, M. Saravanan.

Headnote:

Land Acquisition Act - Registration Act - Section 22-A - Constitution of India, 1950 - Article 226 - Register Document of property - Quash proceedings – Acquisition of land - Originally land in Village belonged to Temple - It is stated that said land was acquired by Government under provision of Land Acquisition Act for purpose of a Society which was functioning under name and style of Co-operative Building Society Limited - An extent of sq. ft comprised in Plot was sold in favor of one by a registered document of Sale Deed - Petitioner states that after death his Legal Heirs sold property to one and said executed a Settlement Deed in favor of one - After successive alienations patta was also transferred in name - Executed a Settlement Deed in favor of his younger brother Petitioner herein - Petitioner has executed a Sale Deed in favor registration of which was refused by Third Respondent by impugned order – Held, It is made clear that in a case where Temple claims title to a property Temple should give List of Document of Title to prima facie satisfy Registering Officer that Temple has lawful claim against property referred to in such objection - After satisfying that properties belongs to Temple as per old Revenue records or that Temple has a lawful claim against any strangers Third Respondent is expected to entertain such objection - When further objection is received from HR&CE Department Third Respondent is directed to hold an enquiry after giving opportunity to person who present document for registration and others who are interested including HR&CE Department and take a decision in accordance with law - Procedure directed by this Court referred to above shall be followed by Registering Officer in all cases in future - Since there is no objection by Temple or HR&CE Department and absolute title of Petitioner is admitted Writ Petition deserves to be allowed - Petition allowedLand Acquisition Act - Registration Act - Section 22-A - Constitution of India, 1950 - Article 226 - Register Document of property - Quash proceedings – Acquisition of land - Originally land in Village belonged to Temple - It is stated that said land was acquired by Government under provision of Land Acquisition Act for purpose of a Society which was functioning under name and style of Co-operative Building Society Limited - An extent of sq. ft comprised in Plot was sold in favor of one by a registered document of Sale Deed - Petitioner states that after death his Legal Heirs sold property to one and said executed a Settlement Deed in favor of one - After successive alienations patta was also transferred in name - Executed a Settlement Deed in favor of his younger brother Petitioner herein - Petitioner has executed a Sale Deed in favor registration of which was refused by Third Respondent by impugned order – Held, It is made clear that in a case where Temple claims title to a property Temple should give List of Document of Title to prima facie satisfy Registering Officer that Temple has lawful claim against property referred to in such objection - After satisfying that properties belongs to Temple as per old Revenue records or that Temple has a lawful claim against any strangers Third Respondent is expected to entertain such objection - When further objection is received from HR&CE Department Third Respondent is directed to hold an enquiry after giving opportunity to person who present document for registration and others who are interested including HR&CE Department and take a decision in accordance with law - Procedure directed by this Court referred to above shall be followed by Registering Officer in all cases in future - Since there is no objection by Temple or HR&CE Department and absolute title of Petitioner is admitted Writ Petition deserves to be allowed - Petition allowed

JUDGMENT :

S.S. SUNDAR, J.

1. This Writ Petition is filed for issuing a Writ of Mandamus to quash the proceedings of the Third Respondent Refusal No. RFL/Srirangam/7/2020, dated 10.1.2020 and consequently, to direct the Third Respondent to register the Document of the property belonging to the Petitioner with respect to all piece and parcel of land and building on Plot No. C24, New Door No. 21, Old Door No. 3, Rajaji Street, Renganagar Colony, Vellithirumutham Village, Sri. Rangam, Trichy comprised in Survey No. 750 (750-D), Municipal Ward No. II, currently numbered as Ward B, Block No. 56, T.S. No. 2614 in T.D. No. 1029 without insisting “No Objection Certificate” from the Second Respondent.

2. The brief facts that are necessary for the disposal of this Writ Petition are as follows.

3. Originally the land in S. No. 750 in Vellithirumutham Village, Sri Rangam, Trichy, belonged to the Sri Renganathaswamy Temple. However, it is stated that the said land was acquired by the Government under the provision of Land Acquisition (Central) Act, for the purpose of a Society, which was functioning under the name and style of “Srirangam Co-operative Building Society Limited.” An extent of 3600 sq. ft comprised in Plot No. C24 was sold in favour of one K.V. Sesha Iyengar by a registered document of Sale Deed, dated 16.6.1953. The Petitioner states that after the death of K.V. Sesha Iyengar, his Legal Heirs sold the property to one P.V. Pangajam in the year 1977 and the said P.V. Pangajam executed a Settlement Deed in favour of one Dr. P. Srinivasan. After successive alienations, patta was also transferred in the name of Dr. P. Srinivasan. Thereafter, Dr. P. Srinivasan executed a Settlement Deed in favour of his younger brother, Mr. P. Varadarajan, the Petitioner herein. The Petitioner has executed a Sale Deed in favour of Mr. R. Pothiraj, the registration of which was refused by the Third Respondent by the impugned order.

4. Since the land was originally belonged to Sri Rangathaswamy Temple, it appears that there were some issues earlier and the Petitioner's predecessor-in-interest was constrained to file a Writ Petition before this Court in W.P. (MD) No. 22753 of 2019 for issuing a Writ of Mandamus to direct the Third Respondent to register the document in respect of the property belonging to the Writ Petitioner. This Court, after holding that the Temple has no semblance of right and that the land was acquired long back by the Society, issued a direction to the Registering Authority to register the document, if the Second Respondent did not give any objection within three weeks from the date of receipt of a copy of that Order. It was, thereafter, the petitioner acquired the property by way of a Settlement Deed, dated 25.11.2019, When the Petitioner has gone before the Sub-Registrar to register the Sale Deed, the Registrar refused to register the document on the ground that the property is the property of Sri Renganatha Aranganathar Swami Temple, Sri Rangam and that therefore, the document can be registered only after getting “No Objection Certificate” from the Second Respondent. This Order is put to challenge in the present Writ Petition.

5. The Honourable Division Bench of this Court in the case of Sudha Ravi Kumar and Another vs. The Special Commissioner and Commissioner, HR&CE Department, Chennai and Others, 2017 (3) CTC 135, directed the authorities to follow a procedure in the following lines:

“25. In view of the above discussions, all the Writ Petitions are allowed and the impugned orders are set aside with the following directions:

(i) The Registering Authority before whom the document has been presented shall cause service of Notice on the parties to the Deeds and also to the objector/Religious Institution, hold Summary Enquiry, hear the parties and then either register or refuse to register the document by passing an Order having regard to the relevant facts as indicated above.

(ii) If the Registering Authority, refuses to register any do

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
Judicial Analysis

SupremeToday

SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top