BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.10.2024 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR W.P(MD)No.26190 of 2024 Beulah Mary ... Petitioner Vs.

1.The Sub Registrar, Sub Registrar Office, Sankarankovil, Tenkasi District.

2.Arulmigu Sankaranarayanasamy Temple, Rep. by The Assistant Commissioner /

Executive Officer, Sankarankovil, Tenkasi District. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1^st respondent to accept the document for registration to be submitted by the petitioner with regard to Plot No.43 in Survey No.619, in NGO “C” Colony measuring to an extent of 4000 sq.ft., situated in Kalappakulam Village, Sankarankovil Taluk, Tenkasi District and register the same within a time frame fixed by this Court.

For Petitioner : Mr.R.J.Karthick For R1 : Mr.P.Subbaraj, Special Government Pleader For R2 : Mr.VR.Shanmuganathan

ORDER

By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.According to the petitioner, the subject land originally belongs to Arulmigu Sankaranarayanasamy Temple. The said land was given as service Maniam to poojamurai Bhattars and the pattas were granted in her name under the Act 30 of 1963. The Poojamurai Bhattars sold the said land to “N.G.G.Os and other public servants Co-operatives Building Society Limited” (hereinafter referred to as “the said Society”), without getting prior sanction from the Commissioner, Hindu Religious and Charitable Endowments Department as required under Section 34 of the Act. Challenging the same, the temple authorities filed a suit in O.S.No.181 or 1975 before the District Munsif Court, Sankarankovil and the same was decreed in favour of the temple. Against which, the society and bhattars had filed an appeal in A.S.No.23 of 1977 before the Subordinate Court, Tenkasi. Pending the appeal, the society and bhattars had arrived at a compromise. Therefore, a proposal has been forwarded to the Commissioner for compromising the issue and the Commissioner, HR & CE Department, vide proceedings dated 22.02.1982, permitted the temple to compromise the issue on condition that the sale consideration should be deposited to the temple. Accordingly, the poojamurai bhattars had executed a registered release deed dated 03.04.1982 in favour of the said Society. The said Society converted the subject land into house plots and thereafter, various sale transactions have been taken place. When the same was presented for registration, the 1^st respondent informed the petitioner that the 2^nd respondent has raised objection and directed the petitioner to get No Objection Certificate from the 2^nd respondent. Hence, the petitioner has filed this Writ Petition.

3.The learned counsel appearing for the petitioner would submit that this Court has allowed the similar Writ Petition in W.P.(MD)No.19077 of 2022, by an order dated 22.08.2022, and the petitioner is also placed in a similar situation. Therefore, she is entitled to the same relief.

4.The learned counsel appearing for the 2^nd respondent would submit that the Commissioner, HR & CE Department has granted permission to compromise the issue on a condition that the Executive Officer of the Devasthanam should get a sanction for sale of the property by submitting an appropriate application under Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959. Though there is a condition imposed by the Commissioner that the Executive Officer should get sanction, no such sanction has been obtained. Therefore, the sale is not valid under Section 34 of the HR & CE Act. Hence, he opposed this Writ Petition.

5.Heard the learned counsel on either side and perused the materials available on record.

6.On a perusal of the HR & CE Act, it is seen that Section 34 of the HR & CE Act mandates the sanction for sale of any property and the sanction shall be given by the Commissi