The court dismissed a writ petition filed by a party in person seeking transfer of certain land records to the temple. Noting that similar petitions had already been decided on April 26, 2021, the court held no fresh order was necessary.
Court refused to pass a fresh order as the petition sought relief already granted in similar W.P.Nos. 10238/2021 and 4936/2021.
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: 28.04.2021
CORAM :
The Hon'ble Mr.SANJIB BANERJEE, THE CHIEF JUSTICE
AND
The Hon'ble Mr.JUSTICE SENTHILKUMAR RAMAMOORTHY
W.P.No.10703 of 2021 and W.M.P.No.11338 of 2021 G.Gouthaman .. Petitioner in Person/ Party in Person -vs1. The Commissioner, Land Administration Department, Ezhilagam, Chepauk, Chennai – 600 005. 2. District Collector, Collectorate of Chennai Singravelar Maaligai, 62, Rajaji Salai, Chennai – 600 001. 3. Executive Officer, Sri Sundara Varadaraja Perumal Temple, Kaliamman Koil Street, Rajeshwari Nagar, Virugambakkam, Chennai – 600 092. 4. The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uttamar Gandhi Salai, Chennai – 600 034. .. Respondents Petition filed under Article 226 of the Constitution of India praying for issue of Writ of Certiorarified Mandamus to call for the records of the first and second respondents in connection with the order in No.K4/34740/2011 dated 24.12.2020, passed by the First Respondent rejecting the appeal of the Third Respondent and confirming the orders of the Second Respondent passed in RC No.J5/16297/2010 dated 24.03.2020 and quash the
same and consequently direct the first and second respondents to Transfer the Registry of the Revenue Records in respect of the above lands in Block 31 Survey No.78 (OSR No.10), Block 21 Survey No.23 (OSR No.96/4pt, 97/1pt, 97/2pt), Block 22 Survey No.58 (OSR No.97/1pt, 97/2pt), Block 35 Survey No.2 (OSR No.222/1), Block 34 Survey No.148 (OSR No.222/3pt, 223pt) of Virugambakkam Village, Mambalam Taluk from that of Government Dry 'Taluk Board' in Town Survey Land Register to that of “Temple Land” belonging to the Sri Sundara Varadharaja Perumal Temple, Kaliamman Koil Street, Virugambakkam, Chennai – 600 092 and Block 34 Survey No.2 (OSR No.222/3pt,) of Virugambakkam Village, Mambalam Taluk from that of Government Dry 'Taluk Board' in Town Survey Land Register to that of “Mettukulam Tank” used by Sri Sundara Varadharaja Perumal Temple.
In view of the order passed on April 26, 2021 on the writ petitions, W.P.Nos.10238 of 2021 and 4936 of 2021, for similar purpose, no fresh order needs to be passed on the present writ petition, apparently instituted in public interest.
Sub Assistant Registrar
sra
To
2.District Collector, Collectorate of Chennai Singravelar Maaligai, 62, Rajaji Salai, Chennai – 600 001.
3.The Commissioner, Hindu Religious and Charitable Endowments Department, 119, Uttamar Gandhi Salai, Chennai – 600 034.
+1cc to Mr.JR.Roberts, Advocate, S.R.No.25833 +1cc to the Government Pleader, S.R.No.26770 +1cc to Special Government Pleader(HR & CE).26977
W.P.No.10703 of 2021 SVI(CO) CB(21/06/2021)
1 issue framed by the court
Whether the court needs to pass a fresh order when similar writ petitions for the same purpose have already been disposed of.
1 provisions across 1 enactments
G.Gouthaman
Commissioner, Land Administration Department
District Collector
Executive Officer, Sri Sundara Varadaraja Perumal Temple
Commissioner, Hindu Religious and Charitable Endowments Department
SANJIB BANERJEE
SENTHILKUMAR RAMAMOORTHY
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
