IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 08.02.2023

CORAM

THE HONOURABLE MR. JUSTICE N.SATHISH KUIMAR

WP.No.3449 of 2023

Maddimchetty Venkata Satya Prasad                .. Petitioner

Versus

1.Union of India

Government of Union Territory of Puducherry

Rep by its Chief Secretary, Puducherry

2.The District Collector

Vazhudavoor, Pettaiyanchathiram

Puducherry – 605 009

3.The District Registrar

Kamaraj Salai, Sakthi Nagar

Saram, Puducherry – 605 013

4.The Sub Registrar

Office of the Sub Registrar

Yanam – 533 464

Union Territory of Puducherry

5.Maddimchetty Ziana                                                      .. Respondents

Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the Respondents 3 and 4 to consider the Petitioners representation dated 29.12.2022  forbearing the 4th respondent from registering  any sale documents submitted by the 5th respondent for sale of the temple lands measuring an extent of H.00.A. 20.Ca. 60  comprised in T.S. No.A/9/8/5, R.S.No.108/5, C.S.No.80/4/4 pt., and land measuring an extent of H.00.A.17.Ca.80, in T.S.No.A/9/10/9, R.S.No.106/9,

C.S.No.80/4/4 situated at Mettacur, Yanam, Puducherry State.

For Petitioners   :    Mr.T.Dhanasekaran

For Respondents      :    Dr.B.Ramaswamy for R1 – R4

Additional Government Pleader (Puducherry)

ORDER This writ petition is filed seeking for the issuance of Writ of Mandamus to direct the Respondents 3 and 4 to consider the Petitioners representation dated 29.12.2022  forbearing the 4th respondent from registering  any sale documents submitted by the 5th respondent for sale of the temple lands measuring an extent of H.00.A. 20.Ca. 60 comprised in T.S. No.A/9/8/5,

R.S.No.108/5, C.S.No.80/4/4 pt., and land measuring an extent of

H.00.A.17.Ca.80, in T.S.No.A/9/10/9, R.S.No.106/9, C.S.No.80/4/4 situated at Mettacur, Yanam, Puducherry State.

2. Heard learned counsel for the petitioner and the learned Additional Government Pleader (Puducherry) appearing for the respondents 1 to 4 and perused the materials available on record.
3. It is the grievance of the writ petitioner that the fifth respondent is trying to obtain layout and alienate the subject temple land in favour of third parties by approaching the Town and Country Planning Authority, Yanam.

Hence, the petitioner made a representation to the respondents to forbear the fourth respondent from registering any documents presented by the fifth respondent with regard to the subject temple land, which is pending without consideration till date. Hence, this petition.

4. Though the petitioner has sought relief to forbear the fifth respondent from registering any sale of agreement with regard to the subject temple land. This Court is of the view that such automatic order cannot be granted. It is for the respondent to hold enquiry and find out whether the subject property is a temple property as submitted by the petitioner. This Court directs the fourth respondent to take decisions after affording opportunity of personal hearing to the petitioner as well as the fifth respondent.
5. Accordingly, this writ petition stands disposed of. No costs.

08.02.2023

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Internet  : Yes/No

Speaking Order  : Yes/No

Neutral Citation  : Yes/No

N.SATHISH KUMAR, J.

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To

1.The Chief Secretary, Puducherry

Union of India

Government of Union Territory of Puducherry

2.The District Collector

Vazhudavoor, Pettaiyanchathiram

Puducherry – 605 009

3.The District Registrar

Kamaraj Salai, Sakthi Nagar

Saram, Puducherry – 605 013

4.The Sub Registrar

Office of the Sub Registrar

Yanam – 533 464

Union Territory of Puducherry

W.P.No.3449 of 2023

08.02.2023