Jose Charles Martin v. Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.08.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Jose Charles Martin : Petitioner Vs.
1.Inspector General of Registration, Santhome High Road, Mylapore, Chennai-600004.
2.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.
3.The Assistant Commissioner (Additional Charge), H.R.& C.E. Department, Commercial Tax Building, Dr.Balasundaram Road, Coimbatore-641 018.
4.The District Registrar (South), Coimbatore District-641 001.
5.The Sub-Registrar, Joint I Sub-Registrar Office, Coimbatore South, Coimbatore District -641 109.
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6.Arulmigu Kari Varadaraja Perumal Temple, Represented by its fit person Pepenackian Paduv Coimbatore North.
: Respondents (R6 suo motu impleaded by order dated 05.08.2025 by MSQJ) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue Writ of Mandamus to direct the fifth respondent to register the sale deed(s) presented by the petitioner for the plots in the layout known as "Lakshaa Avenue" falling within the land measuring an extent of 4.52 Dry Acres (equivalent to 1.82.92 hectares) comprised in Town Survey No.9/2 (Old S.F.No.385/3A, 385/3B & 385/3C), Ward-O, Block No.02, Telungupalayam Village, Coimbatore North Taluk, Coimbatore South Registration District and to return the same to the petitioner without insisting upon any "No Objection Certificate" from the office of the third respondent and pass orders. For Petitioner :
Mr.R.Anishkumar For Respondents : Mr.Abishek Murthy Government Advocate for R1, R4 and R5 Mr.N.R.R.Arun Natarajan Special Government Pleader for R2 and R3 Mr.N.R.R.Arun Natarajan Special Government Pleader for newly impleaded HR & CE Department for R6 2/7
ORDER
This court suo motu impleads Arulmigu Kari Varadaraja Perumal Temple, Coimbatore North, as the 6th respondent in this writ petition.
2. The Registry is directed to make necessary amendment in the cause title.
3. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.
4. The present writ petition is filed praying for a writ of mandamus to direct the fifth respondent to register the sale deed(s) presented by the petitioner for the plots in the layout known as "Lakshaa Avenue" falling within the land comprised in Town Survey No.9/2 (Old S.F.No.385/3A, 385/3B & 385/3C), measuring an extent of 4.52 Dry Acres (equivalent to 1.82.92 hectares) situated at Ward-O, Block No.02, Telungupalayam Village, Coimbatore North Taluk, Coimbatore South Registration District and to return the same to the petitioner without insisting upon any "No Objection Certificate" from the office of the third respondent.
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5. At the outset, it was submitted by the learned Government Advocate that they would consider the sale deed which was presented by the petitioner for registration, pending in Doc.No.P/70/2025, and register the same, if it is otherwise in order, after issuing notice to the petitioner, respondents 2, 3 and 6 and conducting enquiry. If, for any reason, the Sub Registrar is of the view that the registration ought to be refused, he would do so after assigning appropriate reasons, which was agreed to by the learned counsel for the petitioner.
6. In view thereof, the fifth respondent shall register the sale deed pending in Doc.No.P/70/2025, if it is otherwise in order, in accordance with law, after issuing notice to the petitioner, respondents 2, 3 and 6 and conducting enquiry. If for any reason, the fifth respondent refuses to register the sale deed, he shall assign reasons in the refusal slip, as agreed to by both counsel for petitioner as well as respondents. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the concerned respondent to consider the case on its own merits and in accordance with law. 4/7
7. Accordingly, the writ petition stands disposed of. There will be no order as to costs.
05.08.2025 Speaking (or) Non Speaking Order mrn To 1.Inspector General of Registration, Santhome High Road, Mylapore, Chennai-600004.
2.The Commissioner, Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai-600 034.
3.The Assistant Commissioner (Additional Charge), H.R.& C.E. Department, Commercial Tax Building, Dr.Balasundaram Road, Coimbatore-641 018.
4.The District Registrar (South), Coimbatore District-641 001.
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5.The Sub-Registrar, Joint I Sub-Registrar Office, Coimbatore South, Coimbatore District -641 109.
6.Arulmigu Kari Varadaraja Perumal Temple, Represented by its fit person Pepenackian Paduv Coimbatore North 6/7
MOHAMMED SHAFFIQ, J.
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