M. SUBRAMANIAN Vs. THE SUB REGISTRAR

JUDGEMENT

(1.) The writ petitioner is the appellant and aggrieved by the communication sent by the second respondent, dated 19.04.2011, to the first respondent, not to register the documents pertaining to Vadugapatti S.Nos. 130/2, 131/1 and 131/2 belonging to Arulmighu Subramaniaswamy Temple, Viralimalai, had filed W.P(MD)No. 3344 of 2013. The said writ petition was entertained and notices were ordered.

(2.) A Single Bench of this Court, vide impugned order dated 02.04.2014, has found that there is no dispute in accepting the principle that if the condition is complied with and the entire amount is paid, as per the patta proceedings, the petitioner has to be considered as the absolute owner. But, in the instant case, the temple had denied the receipt of the said amount and so far no order has been issued to release the properties from the temple service and no order has been passed in respect of issuance of ryotwari patta to the individuals and therefore, granted liberty to the appellant/writ petitioner to approach the Commissioner, Hindu Religious and Charitable Endowments Department, Pudukkottai District, for issuance of 'No Objection Certificate' and the said official was directed to consider the representation submitted in that regard and pass appropriate orders as to the issuance of 'No Objection Certificate' in favour of the appellant/writ petitioner within a period of six weeks from the date of receipt of a copy of the order. The appellant/writ petitioner, aggrieved by the mode of disposal vide impugned order dated 02.04.2014, has filed this writ appeal.

(3.) Facts leading to the filing of this appeal, as culled out from the affidavit filed in support of the writ petition, are as follows: