@JUDGMENTTAG-ORDER
P. Jyothimani, J.@mdashHeard 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.
4. In such view of the matter, the writ petition stands disposed of with a direction to the first Respondent to consider the representation of the
Petitioner dated 02.11.2009 for the purpose of issuance of patta in respect of the property in the name of the temple and such an order shall be
passed on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order. Making it clear that
until such an order passed by the Respondents, no steps shall be taken for alienating the property to any third parties. No costs. Consequently,
connected miscellaneous petitions is closed.
