O R D E R

This Writ Petition has been filed to call for the records pertaining to the orders passed by the 1st Respondent in Na.Ka.No.4086/2011 A2 dated 06.01.2012 and the 2nd Respondent in Na.Ka.No.1/2012/J dated 13.01.2012 and also by the 3rd Respondent in Na.Ka.No.95/2012 dated 12.04.2012, quash the same and consequently direct the 3rd Respondent herein to entertain the sale deeds as and when presented for registration by the Petitioner in respect of Survey Nos.193/1 and 193/2, situated in Viralimalai Village Panchayat, Viralimalai Union, Illupur Taluk, Pudukkottai District and register and return the same.

2. It is the case of the Petitioner that one Mohan is the power agent of the Petitioner herein. The punja lands in Survey Nos.138/2, 138/4, 142/5, 148/2, 174/1, 193, 139/1, 140/7, 142/3 and 142/6 situated in Viralimalai Village Panchayat, Pudukkottai District were originally granted to one Shanmugampillai under Service Inam for the purpose of rendering 'Araikaval' service to the 2nd Respondent Temple and thereby rights were created over the said property. Right from the date of grant, the said Shanmugampillai was in continuous possession and enjoyment of the above said lands and the same was recognized by the 2nd Respondent herein as well as the Settlement Authorities which would be evident from the Settlement Register maintained by the Revenue Authorities. In the meanwhile, the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963 (hereinafter referred to as 'the Act') came into force and the land in question stood vested with the Government free from all encumbrances. Importantly, Section 21 of the Act provides that where a service holder is entitled to a Ryotwari Patta under Section 8 of the Act in respect of any land, he shall have the option to pay to the religious institutions an amount specified under sub section (4) of Section 21, on such payment, the land shall be discharged from the condition of service. Such option is required to be exercised as provided under Section 21(3)(ii) of the Act. In terms of Section 21 of the Act, the said Shanmugampillai made an application to the Fair Rent Tahsildar (Minor Inams), Lalgudi to pay the amount to be determined by the Authorities. An enquiry was conducted by the said Fair Rent Tahsildar (Minor Inams), Lalgudi, fixing a sum of Rs.21,978.20/-. As against the said order, the said Shanmugampillai preferred an appeal before the Assistant Collector, Pudukkottai. The Assistant Collector, Pudukkottai, vide his proceedings reduced the quantum from Rs.21,978.20/- to Rs.17,996/-. On payment of the entire amount fixed by the Assistant Collector, Pudukkottai District by the said Shanmugampillai, the above lands were discharged from the condition of service and it was submitted that he became the absolute owner of the above said lands / property. As a matter of fact, the patta for Survey No.193/1 and

193/2 stood transferred in the name of the Petitioner.

3. It is submitted that once the patta has been issued either under the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1963 or the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, it is for the Temple to establish its title before the Civil Court. The Registering Authorities has refused to register the title deeds in views of certain objections raised by the 2nd Respondent herein. The learned counsel for the Petitioner relied on the judgment of the Hon'ble Division Bench of this Court in the case of Sudha Ravi Kumar and another vs. The Special Commissioner and Commissioner Hindu Religious and Charitable Endowments Department, Chennai – 34 and others reported in (2017) 4 MLJ 445 and the relevant paragraphs are extracted hereunder:

“ 23. .....Therefore, in our considered view, once patta has been issued under either the Tamil Nadu Estates (Abolition and Conversion into Ryotwari) Act, 1948, Tamil Nadu Inam Estates (Abolition and Conversion into Ryotwari) Act, 1963 and the Tami