In a writ petition challenging a settlement deed regarding temple property, the High Court of Madras dismissed the case as lacking merit. The Court held that title disputes and rent control proceedings are matters for the civil court, beyond the writ court's jurisdiction.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated: 17.10.2019
Coram:
THE HONOURABLE DR. JUSTICE G. JAYACHANDRAN
Writ Petition No.18029 of 2019
1.K.B.Rajendran
... Petitioner in person Vs
1.The Sub-Registrar of Assurance, Office of Sub-Registrar of Assurance, Sowcarpet, Chennai - 600 001.
2.The District Collector, Collectorate of Chennai, Singaravelan Maligai, Rajaji Salai, Chennai - 600 001.
3.The Commissioner, The Greater Corporation of Chennai, Ripon Buildings, Chennai - 600 034.
4.The Commissioner,
The Hindu Religious and Charitable Endowment Department, N.H.Road, Chennai - 600 034.
5.The Police Commissioner, Office of Commissioner of Police, Vepery, Chennai - 600 007.
6.Tvl.M.D.J.Raj Kumar,
7.Arulmighu Dharmaraja Temple at Guzilli Bazaar, Chennai - 3, Rep. by the Joint Commissioner, Hindu Religious and Charitable Endt. Department, N.H.Road, Chennai - 600 034.
... Respondents Prayer :- This Writ Petition is filed under Article 226 of the Constitution of India to issue a writ of Certiorarified Mandamus, praying to call for the entire records in the registered settlement deed in Document No.56 of 1984, dated 15.02.1984 on the file of the Sub-Reistrar of assurance, Sowcarpet, Chennai - 1, executed by the Manager and Archara of
Arulmighu Dharmaraja Temple, Guzilli Bazaar Road, Chennai - 3 (now demished) and executed in favour of the 6th respondent by violating the rules laid down under Section 22-A sub-section (1) (ii) of Registration Act, 1908, on the Hindu Religious and Charitable Endowment property in old door No.13, New door No.22, Guzilli Bazaar Road, Chennai - 3, in R.S.No.10362, V.O.C.Nagar, Fort-Tondiarpet Taluk, now purasaiwakkam Taluk, Chennai - 3, in corporation of Chennai zone No.5, Division No.59 and quash the same and consequently direct the first respondent to reconvey the property in favour of Arulmighu Dharmaraja Temple, Guzilli Bazaar Road, Chennai - 600 003 and cancel the settlement deed in Document No.56 of 1984 dated 15.02.1984 on the petitioner representation dated 29.03.2019.
Petitioner in person:Mr.K.B.Rajendran
For Respondents :Mr.T.M.Pappiah Special Government Pleader for R1 Mr.K.Ravikumar
Ms.Karthika Ashok
Standing Counsel for R3 Mr.M.Maharaja
ORDER
By consent, the main writ petition is taken up for final disposal at the admission stage itself.
to issue a Certiorarified Mandamus for cancelling the settlement deed and pass orders on his representation.
-s/d-
Assistant Registrar(CS-IV)
True Copy
Sub-Assistant Registrar
To 1.The Sub-Registrar of Assurance, Office of Sub-Registrar of Assurance, Sowcarpet, Chennai - 600 001.
2.The District Collector, Collectorate of Chennai, Singaravelan Maligai, Rajaji Salai, Chennai - 600 001. 3.The Commissioner, The Greater Corporation of Chennai, Ripon Buildings, Chennai - 600 034.
4.The Commissioner,
The Hindu Religious and Charitable Endowment Department, N.H.Road, Chennai - 600 034.
5.The Police Commissioner, Office of Commissioner of Police, Vepery, Chennai - 600 007.
+1 CC to Govt. Pleader sr 87725 +1 CC to Mrs. Karthika Ashok, Advocate sr 87474 +1 CC to Spl. Govt. Pleader sr 87442 +1 CC to Mr.V.Deenadayalan, Advocate sr 86909 +1 CC to Mr.K.B.Rajendran, Advocate sr 86761.
Writ Petition No.18029 of 2019
PA(CO) SP(25/11/2019)
K.B.Rajendran
The Sub-Registrar of Assurance, Office of Sub-Registrar of Assurance, Sowcarpet, Chennai
The District Collector, Collectorate of Chennai
The Commissioner, The Greater Corporation of Chennai
The Commissioner, The Hindu Religious and Charitable Endowment Department
The Police Commissioner
G. Jayachandran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
