IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 04.07.2024 CORAM THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR WP.No.6484 of 2024 W.M.P.No.7209 of 2024 Somasundaram .. Petitioner Versus

1.The Special Commissioner, Hindu Religious and Charitable Endowments Department, Chennai-600 034.

2.The Inspector General of Registration, Santhome High Road, Chennai-600 004.

3.The District Revenue Officer, Tiruppur District.

4.The Sub Registrar, Office of the Sub Registrar, Kangeyam, Tiruppur District.

5.The Executive Officer, Arulmigu Utthandhi Velaiyudhaswamy Thirukovil, Udhioor, Tiruppur. .. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarifed Mandamus to call for the records of the fourth respondent in impugned letter dated 21.02.2024, quash the same and consequently, direct the fourth respondent to register the document dated

07.11.2023.

For Petitioner : Mr.V.Ayyadurai, S.C., for Mr.M.Velmurugan For Respondent : Mr.K.Karthikeyan, Government Advocate(HR&CE) for R1 & R5 Mr.B.Vijay, Additional Government Pleader for R2 toR4

ORDER

Challenge has been made to the refusal check slip issued by the fourth respondent refusing to register the sale deed dated 07.11.2023 on the ground that the temple authorities have sent a letter dated 14.03.2023 contending that the lands to an extent of 4.90 acres survey Nos.133B1A, 133B1B and 133B2B of Udhioor Village, Kangayam Taluk, Tiruppur District belong to Arulmigu Uthandavelauthaswamy Thirukoil, Udhioor Village and thereby, not to entertain any document in respect of said properties.

2. Heard both sides and perused the materials placed on record.

3. By consent of both parties, the main writ petition itself is taken up for final disposal at the admission stage itself.

4.It is the case of the writ petitioner that as far as the disputed property is concerned, he is in possession and enjoyment of the property from the date of purchase and patta was issued to the land in survey Nos.133B1A, 133B1B and 133B2B of Udhioor Village, Kangayam Taluk, Tiruppur District, to an extent of 4.90 acres in the name of the temple by the Settlement Tahsildar-II Erode in S.S.No.356/69/MI Act/Dharapuram/dated 06.02.1970 and challenging the same, the said Palanisamy Gounder had filed C.M.A.No.238 of 1970 before the Minor Inam Tribunal, Coimbatore and the Tribunal, by judgment dated 16.09.1971, allowed the appeal by setting aside the order of Settlement Tahsildar and had also directed to issue patta to the appellant under Section 9(1)(i) of the Act. Thereafter, Ryotwari patta has been issued to the said Palanisamy Gounder and pursuant to the same, revenue records have also been changed. In such view of the matter, when the documents were presented for registration, the same was refused by the fourth respondent on the ground that the temple authorities under the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, has sent a letter dated 14.03.2023 contending that the lands to an extent of 4.90 acres in survey Nos.133B1A, 133B1B and 133B2B of Udhioor Village, Kangayam Taluk, Tiruppur District, belong to Arulmigu Uthandhi Velauthaswamy Thirukoil, Udhioor Village, and thereby not to entertain any document in respect of said properties. Challenging the same, the present writ petition has been filed.

5. A counter affidavit has been filed by the fifth respondent viz., the Executive Officer, Arulmigu Utthandhi Velayudhaswamy Thirukovil, Uthiyur, Tiruppur. According to him, the property belonged to the temple and the revenue records relating to the suit properties are mutated in the names of the third persons by removing the name of the temple and patta transfer proceedings has also been made. He has also admitted that there were proceedings before the authorities under the Tamil Nadu Minor Inams(Abolition and Conversion into Ryotwari) Act and the said proceedings is not valid and civil suit is pending before the Sub Court, Kangeym, for recovery of possession. There