N. KANTILAL C. DOSHI Vs. COMMISSIONER

JUDGEMENT

(1.) The Petitioners claim to be the joint owners of the property to an extent of 1.37.50 hectares in old survey No. 168/3E-1A-1B part new survey No. 168/7 in Pattipulam Village in Thiruporur Taluk of Kancheepuram District. The Petitioners, as partners of the partnership firm, viz., G.T. Properties, had made borrowing from Kotak Mahindra Bank Ltd., and they wanted to extend the aforesaid property as one of the collateral securities for the same.

(2.) The Third Respondent, viz., Nemmeli Arulmighu Alavandhar Nayakar Trust, which is a 'religious institution' within the meaning of the Tamil Nadu Hindu Religious and Charitable Endowments Act , 1959, claims to own several extent of lands in survey No. 168 in Pattipulam Village and survey No. 226 in Nemmeli Village in Thiruporur Taluk of Kancheepuram District, and by letter dated 30.01.2015 informed the Second Respondent, who is the jurisdictional Registering Authority in that regard in terms of Section 34 of the Tamil Nadu Hindu Religious and Charitable Endowments Act, 1959, and Section 22-A of the Registration Act, 1908, as amended by the Registration (Tamil Nadu Amendment) Act, 2008, which has come into force with effect from 20.10.2016. The Commissioner, Hindu Religious and Charitable Endowments Department, who is the First Respondent, confirmed the aforesaid claim of the Third Respondent by proceedings Na. Ka. No. 40765/2016/V2-2 dated 22.08.2016.

(3.) When the Petitioners presented the document creating mortgage in respect of the aforesaid property claimed to be owned by them with the Second Respondent, notice No. P. 231/2018 dated 14.11.2018 was sent by the Second Respondent to the Third Respondent informing that the proposed mortgage was sought to be created by the Petitioners in Survey No. 168 in Pattipulam Village and requiring to clarify whether ownership of the said property is claimed by the Third Respondent.