M SETHUPATHI Vs. DISTRICT COLLECTOR TAHSILDAR AND ORS

JUDGEMENT

(1.) Heard the learned Counsel for the Petitioner as well as the learned Counsel for the Respondents.

(2.) The Petitioner has been declared as Hereditary trustee as per the provisions of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 and the same has also been confirmed in C.M.A. No. 28 of 1984 in the judgment dated 21.09.2009.

(3.) The Petitioner anticipates that the first and second Respondents are likely to transfer the property belonging to the fourth Respondent temple to third parties. As per the contention that after the settlement proceedings are completed, the Tahsildar as well as the Collector should issue patta in the name of the temple. Therefore, the present writ petition is filed for the issuance of Writ of Mandamus, forbearing the Respondents from granting assignment in respect of the properties belonging to the fourth Respondent temple to any third parties. It is seen that the Petitioner has infact made a representation to the first Respondent on 02.11.2009 for the purpose of grant of patta in favour of the Petitioner temple. In such circumstances, I am of the view that the first Respondent should be directed to consider the said representation for the purpose of grant of patta based on the settlement proceedings.