K. KATHIRVELU Vs. THE DISTRICT COLLECTOR, TIRUVANNAMALAI DISTRICT

JUDGEMENT

(1.) The Petitioner claims to have inherited an extent of 2.50 acres of land in Survey No. 308/1A in Athuvambadi Village of Polur Taluk in Tiruvannamalai District on the demise of his father, who has purchased the said property. The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Tiruvannamalai, who is the Eighth Respondent, by letter Na. Ka. No. 6294/2017/E1 dated 02.03.2018 informed the Sub-Registrar, Polur, who is the Seventh Respondent, that the aforesaid property belongs to Arulmighu Renugambal Temple and 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, no registration in respect of the said property can be made without the written consent of the Eighth Respondent. Aggrieved by the claim made by the Eighth Respondent over the aforesaid property, the Petitioner has challenged the said letter Na. Ka. No. 6294/2017/E1 dated 02.03.2018 issued by the Eighth Respondent and has sought for consequential direction forbearing the Respondents from interfering with the title, peaceful possession and enjoyment of the said property in this Writ Petition.

(2.) Heard Mr. B. Gopalakrishnan, Learned Counsel for the Petitioner, Mr. M. Karthikeyan, Learned Additional Government Pleader appearing on behalf of the First, Fourth and Fifth Respondents, Mr. M. Maharaja, Learned Special Government Pleader appearing on behalf of the Second, Third and Eighth Respondents and Mr. T.M. Pappiah,Learned Special Government Pleader appearing on behalf of the Sixth and Seventh Respondents and perused the materials placed on record, apart from the pleadings of the parties.

(3.) Section 22-A of the Registration Act, 1908, mandates that notwithstanding anything contained in that Act, the Registering Authority shall refuse to register any instrument relating transfer of immovable properties by way of sale, gift, mortgage, exchange or lease, belonging to, or given or endowed for the purpose of, any religious institutions to which the Tamil Nadu Hindu Religious and Charitable Endowments Act , 1959, is applicable. The impugned letter is the information furnished by the Eighth Respondent to the Seventh Respondent to prevent any registration in respect of the said property as contemplated under the aforesaid statutory provision. The Division Bench of this Court in Sudha Ravi Kumar -vs- Special Commissioner and Commissioner, Hindu Religious and Charitable Endowment Department [(2017) 3 CTC 135] has laid down the manner in which the claims of religious institutions in respect of their properties under Section 22-A of the Registration Act, 1908, have to be dealt by the Registering Authorities. Suffice here to refer to the relevant portions from the said decision, which is extracted below:-