Ryotwari pattadars can transfer property rights subject to conditions imposed by the Supreme Court, without needing a No Objection Certificate from the Mutt.

O R D E R

This writ petition has been filed challenging the order passed by the first respondent dated 31.07.2024 thereby, confirmed the order passed by the second respondent dated 08.02.2024 thereby, refused to register the sale deed on the ground that the petitioner failed to obtain the No Objection Certificate from the Thiruvadudhurai Aathinam under the Mutt of the third respondent.

2. Heard the learned counsel appearing on either side and perused the materials placed before this Court.

3. The property comprised in S.No.1/2L to an extent of 60.78 ares, situated at Kodarankulam Village, Ambasamudram Taluk, Tirunelveli District under patta No.368 owned by the petitioner's grand-father. Subsequently, the said property was settled in favour of the petitioner vide document No. 654/2023. In turn, the petitioner had executed the sale deed in favour of the third respondent and presented the same for registration. Initially, the sale deed was kept as pending Document No.P2/2024 and thereafter, the second respondent vide order, dated 08.02.2024 refused to register the same for want of No Objection Certificate from Thiruvaduthurai Adheenam Adhinakarthar His Holiness Srila Sri Ambalavana Pandara Sannadhi Mutt. Aggrieved by the same, the petitioner preferred an appeal and the same was dismissed by the first respondent.

4. The learned counsel for the petitioner would submit that the Kodarankulam is a estate under the Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 ( herein after called as Act, 1963). It was cultivated by its cultivating tenant. Therefore, the cultivating tenants as well as the Mutt filed an application under Section 9 of the Act 1963 for issuance of Ryotwari patta. The Mutt was granted ryotwari patta. It was challenged before this Court in S.T.A.No.9 of 1982 and the same was also dismissed and confirmed the issuane of ryotwari patta in favour of the Mutt by an order dated 15.11.1988. Aggrieved by the same, the State of Tamil Nadu filed an appeal before the Supreme Court of India in Civil Appeal No.15523 of 1996 . The Hon'ble Supreme Court of India by its order dated 22.11.1996 recognised the tenants as tillers of the soil and that they have a fundament right to economic empowerment under Article 39(b) which enjoins distribution of material resources to accord socio economic justice and means for development for social status and dignity of person. Further held that in acknowledgment of the long and uninterrupted cultivation by the tenants, they were held as ryots and therefore, held to be entitled to ryotwari patta on condition that they shall deliver three quintals of paddy per acre to the Mutt for its maintenance. Accordingly, 438 tenants were held to be ryot. Further, the said lands are inheritable and transferable by the ryot as they are not personally bound to the Mutt. Accordingly, the petitioner's grand-father was issued the conditional patta and thereafter, all the revenue records were mutated in his favour. In turn, he had executed the family arrangement deed vide document No.654 of 2023 and accordingly, the petitioner become absolute owner of the property and executed the sale deed in favour of the third party.

5. The learned Additional Public Prosecutor appearing for the respondents would submit that the writ petition itself is not maintable since the petitioner failed to implead the Thiruvaduthurai Adheenam Adhinakarthar His Holiness Srila Sri Ambalavana Pandara Sannadhi Mutt as a party to this writ petition. Though the Mutt is under the head of the third respondent, it is being a supervisory, patta cannot answer the grievance of the Mutt. Further the Hon'ble Surpeme Court of India held that if the condition not complied with, the Mutt or temple are at liberty to file a suit for recovery of the amount w