Pm. Rajasekar Vs The Inspector General of Registration — Writ and Judicial Review | Madras HC (2025)

Pm. Rajasekar Vs The Inspector General of Registration — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with directions to the 3rd respondent (Sub Registrar, Radhapuram) to conduct an enquiry summoning the petitioner and the concerned temples and pass orders in accordance with law within three months; parties to act per the enquiry outcome; no order as to costs.

Issue for consideration

To which temple does the subject land (S.Nos.439/1A2 and 439/1B1, Radhapuram Village) belong? +1 more

Court's answer

Applying the course adopted in its earlier order in Sudha Ravi Kumar v. The Special Commissioner and Others (W.P.Nos.30589 of 2013 and batch, dated 05.04.2017), this Court directed the 3rd respondent (Sub Registrar, Radhapuram) to conduct an enquiry by calling the petitioner as well as the temples claiming the land, and then to pass orders in accordance with law.

Ratio / Principle

The enquiry exercise shall be completed within a period of 3 months from the date of receipt of a copy of this order, and the parties shall act as per the outcome of the enquiry.

Detailed headnote1 paragraphs

Writ Petition (Art.226) before the Madurai Bench of the Madras High Court, W.P(MD)No.17207 of 2025, decided 04.07.2025 by Hon'ble MrsJustice S.Srimathy. PM. Rajasekar sought a writ of mandamus directing respondents 2 (District Registrar, Administration, Tirunelveli) and 3 (Sub Registrar, Radhapuram) to remove the zero value entered for his lands in S.No.439/1A2 measuring 1.29.50 hectares (3 acres 20 cents) and S.No.439/1B1 measuring 0.32.00 (79 cents), Radhapuram Village, Radhapuram Taluk, Tirunelveli District, and to restore the original guideline value. Ownership of the land was contested between temples: the State counsel asserted it belongs to Arulmigu Sri Nithya Kalyani Ambaal Temple, while the petitioner's information obtained under the Right to Information Act indicated it belongs to Udayamarthandam Swami Temple; the 4th respondent is the Executive Officer of Arulmigu Varaguna Pandeeswarar Thirukovil. Counsel also recalled that in W.P.(MD)No.8167 of 2014 over the same survey number this Court had held the property is not kattalai property, which order, having gone unappealed, had attained finality. The Court held that the question to be ascertained is to which temple the land belongs, and, acting as per its order in Sudha Ravi Kumar and Another Vs. The Special Commissioner and Others (W.P.Nos.30589 of 2013 and batch, dated 05.04.2017), directed the 3rd respondent to conduct an enquiry by calling the petitioner and the temples referred to and to pass orders in accordance with law, completing the exercise within 3 months of receipt of a copy of the order, the parties to act as per the enquiry outcome. The writ petition stood disposed of with these observations; there was no order as to costs.

W.P(MD)No.17207 of 2025

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 04.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

W.P(MD)No.17207 of 2025

PM. Rajasekar ...Petitioner

Vs.

1.The Inspector General of Registration, Santhome High Road, Chennai.

2.The District Registrar, Administration, Tirunelveli District.

3.The Sub Registrar, Radhapuram 627 011.

4.The Executive Officer, Arulmigu Varaguna Pandeeswarar Thirukovil, Radhapuram,

Tirunelveli District. ... Respondents

PRAYER : Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, to direct the respondents 2 and 3 to remove the zero value entered for the lands in S.No.439/1A2, measuring 1.29.50 hectares (3 acres 20 cents) and in S.No.439/1B1 measuring 0.32.00 (79 cents) in Radhapuram Village, Radhapuram Taluk, Tirunelveli District and to restore the original and real guideline value as it stood earlier.

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W.P(MD)No.17207 of 2025

For Petitioner : Mr.VR. Shanmuganathan

For R1 to R3 : Mr.S.Saji Bino Special Government Pleader For R4 : Mr.S.S.Madhavan Additional Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the respondents 2 and 3 to remove the zero value entered for the lands in S.No.439/1A2, measuring 1.29.50 hectares (3 acres 20 cents) and in S.No.439/1B1 measuring 0.32.00 (79 cents) in Radhapuram Village, Radhapuram Taluk, Tirunelveli District and to restore the original and real guideline value as it stood earlier.

2.The learned Counsel appearing for the petitioner submitted that already a dispute arose for the same survey number and the petitioner has filed W.P.(MD)No.8167 of 2014, wherein this Court after considering the rival submissions has held that the disputed property is not a kattalai property. Against the said order no appeal is preferred. Therefore, the said order has attained finality.

3.Now the respondents raised a different plea stating that the land belongs to the Temple. The Executive Officer of Arulmigu Varaguna

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W.P(MD)No.17207 of 2025

Pandeeswarar Thirukovil, is the 4th respondent .

4.The learned Special Government Pleader appearing for the respondent 1 to 3 submitted that the land belongs to Arulmigu Sri Nithya Kalyani Ambaal Temple.

5.The learned Counsel appearing for the petitioner has sought information under the Right to Information Act wherein it has been stated that it belongs to Udayamarthandam Swami Temple.

6.Therefore, the question that has to be ascertained is to which temple does the land belongs to. Then, it would be appropriate to conduct an enquiry. This Court has already held that if any temple claims the land, then enquiry has to be conducted by issuing notice to the concerned temple as well as the claimant. Therefore, as per the order passed in the case of Sudha Ravi Kumar and Another Vs. The Special Commissioner and Others in W.P.Nos. 30589 of 2013 and batch, dated 05.04.2017, the 3rd respondent is directed to conduct an enquiry by calling the petitioner as well as the temples stated supra and then pass orders in accordance to law. The said exercise shall be completed within a period of 3 months from the date of receipt of a copy of this order. The parties shall act as per the outcome of the said enquiry.

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W.P(MD)No.17207 of 2025

7.With the above observations, this Writ Petition is disposed of.

There shall be no order as to costs.

04.07.2025

NCC : Yes / No Index : Yes / No Internet : Yes

Tmg

To

1.The Inspector General of Registration, Santhome High Road, Chennai.

2.The District Registrar, Administration, Tirunelveli District.

3.The Sub Registrar, Radhapuram 627 011.

4.The Executive Officer, Arulmigu Varaguna Pandeeswarar Thirukovil, Radhapuram, Tirunelveli District.

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W.P(MD)No.17207 of 2025

S.SRIMATHY, J.

Tmg

ORDER MADE IN W.P(MD)No.17207 of 2025

DATED : 04.07.2025

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