P.NALLASIVAM Vs. GOVERNMENT TAMIL NADU

JUDGEMENT

(1.) The petitioner has filed the instant writ petition for a writ of declaration of Settlement Deed (Deed for relinquishment of right without condition) dated 30.8.2017 executed and registered by the 7th respondent in favour of the third respondent, namely the Revenue Tahsildar, Kodumudi Taluk, Erode District, as void, illegal, unsustainable, unenforceable and the same being contrary to Section 34(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 32 of 1959) and Section 22A(1)(ii) of the Registration Act, 1908.

(2.) It is the contention of the petitioner that the lands in issue comprised in R.S. No.36/4 measuring 0.39.0 Hectares bearing Patta No.2714, R.S. No.36/5 measuring 0.47.0 Hectare bearing Patta No.2716 and R.S. No.41/2 measuring 0.60.5 Hectare bearing Patta No.2717, all situated at Kodumudi 'A' village, Kodumudi Taluk, Erode District absolutely belongs to Nagapalayam Mariamman and Ponnachiamman temples and they have been maintained as temple properties.

(3.) It is the allegation of the petitioner that the 7th respondent claiming to be the current Trustee of Nagapalayam Mariamman - Ponnachiamman temples, executed a Settlement Deed (Deed for relinquishment of right without condition) dated 30.8.2017 bearing Document No.997/2017 registered on the file of Sub-Registrar, Kodumudi, in favour of the Revenue Tahsildar, Kodumudi Taluk, Erode District and registered the same before the Sub-Registrar, Kodumudi. According to the petitioner, these properties being temple properties could not have been settled in favour of the Tahsildar and the same could not have been registered. According to the petitioner, this particular transaction is violative of Article 34(1) of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959 (Tamil Nadu Act 32 of 1959) and Section 22A(1)(ii) of the Registration Act, 1908.