ORDER :

PRAYER: This Petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned order bearing Na.Ka.No.33914/2014/R3 dated 28.08.2014 passed by the 1st respondent and quash the same and consequently direct the 1st respondent to issue No Objection Certificate to enable registration of documents in respect of the land comprised in S.F.No.168 measuring an extent of 5.14.0 Hac in Viralimalai Villge, Pudukkottai District by the 5th respondent.

The present writ petition has been filed challenging an order passed by the 1st respondent herein under which the request of the writ petitioner for grant of No Objection Certificate for registering a power of attorney has been rejected.

2. According to the petitioner, an extent of 5.14.0 hectares of land in S.F.No.168 in Viralimalai village was originally a service Inam land for the purpose of rendering Kothu service in favour of Arulmigu Subramania Swamy Temple, Viralimalai. The said lands were taken over by the Government under Tamil Nadu Act 30 of 1963 and the minor Inams were abolished.

3. The petitioner has further contended that the petitioner had approached the settlement Tahsildar for grant of patta under Act 30 of 1963. The settlement Tahsildar, Viralimalai by his proceedings, dated 09.05.1968 has granted Kothu service patta in favour of the writ petitioner. Thereafter, the writ petitioner had exercised his option to discharge himself from the service as contemplated under Section 21 (3) of Tamil Nadu act 30 of 1963.

The special Tahsildar, Lalkudi had passed an order on 04.10.1971 directing the writ petitioner to deposit a sum of Rs.9,939/- (Rupees Nine Thousand Nine Hundred and Thirty Nine only) to get himself discharged from the service. This order was challenged by the writ petitioner before the Assistant Collector, Pudukkottai. The appellate authority passed an order on 12.07.1976 reducing the amount to Rs.7,629/- (Rupees Seven Thousand Six Hundred and Twenty Nine only).

4. According to the petitioner, he has deposited a sum of Rs.1,142.85/- (Rupees One Thousand One Hundred Forty Two and Eighty Five Paisa) before the treasury on 15.11.1978. The balance amount was deposited on different dates before Tahsildar, Lalkudi. On 29.09.1995, the Zonal Deputy Tahsildar, Viralimalai has passed an order confirming the fact that the entire compensation amount has been paid and hence, the entries in the “A” register relating to the record of Kothu service of Viralimalai Arulmigu Subramania Swamy Temple may be deleted. Thereafter, revenue patta was also issued in the name of the writ petitioner in Patta No.271.

5. According to the deceased petitioner, he intended to execute a general power of attorney in favour of his wife on 28.12.2012 and he presented such a document before the Sub Registrar, Viralimalai. The said document was returned by the Sub Registrar by an order, dated 09.01.2013 on the ground that as per guidelines register, Survey No.168 is shown as the property of Hindu Religious and Charitable Endowment Department (herein after referred as HR&CE) department. The petitioner addressed a communication to the commissioner, HR&CE on 09.02.2013 explaining the above said facts and sought for No objection Certificate for registering the document. Since there was no response, the petitioner had filed W.P(MD)No. 9604 of 2013 before this Court. The said writ petition was disposed of on 17.04.2014, directing the petitioner to issue a fresh representation to the Commissioner, HR&CE.

6. The petitioner had submitted a fresh representation to the Commissioner, HR&CE department on 27.05.2014 explaining the above said facts and sought for No Objection Certificate. After enquiry, the present impugned order has been passed by the 1st respondent herein rejecting the request of the petitioner mainly on the ground that the compensation amount has not been paid to the institution concerned, namely, Arulmigu Subramania