Zion Full Gospel Church Trust v. The Joint Sub Registrar-I

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 09.09.2025

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P.No. 29425 of 2019 ZION FULL GOSPEL CHURCH TRUST, Rep. By its Managing Trustee, Mrs.Anee Sheela Samuel, 25/32, Manalmedu Street, Chennimalai Road, Erode -638001.

..Petitioner Vs.

1.The Joint Sub-Registrar-I, Office of the District Registrar, Erode.

2.Sis.Wilma Kalavathy ..Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, seeking issuance of Writ of Certiorarified Mandamus, calling for the records of the first respondent made in the proceedings Refusal Number:RFL 42/2019 dated 26.07.2019, quash the same and directing the first respondent to register the Deed of Amendment to the Trust Deed in respect of the petitioner's Trust within the time limit.

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For Petitioner : Mr.Chandrasekar for Mr.R.Baskaradoss For Respondents : Mr.R.Sasikumar Government Advocate for R1 Mr.S.Ananth for R2

ORDER

This writ petition is filed challenging the order passed by the 1st respondent dated 26.07.2019, rejecting to register the amendment trust deed presented by the petitioner / Trust for registration on the ground that one Wilma Kalavathy, who resigned from her Trusteeship has not signed the amendment deed.

2. The learned counsel appearing for the petitioner would submit that Wilma Kalavathy died and her legal heirs will be made part of the deed and, further submit that this Court may grant liberty to make a fresh amendment deed before the SubRegistrar and the same may be considered and pass appropriate orders.

3. The learned counsel appearing for the deceased 2nd respondent would submit that this Court may allow the legal heirs to adjudicate the issue before the Sub-Registrar and apart from that, there are two suit in between the parties in O.S.No. 688 of 2018 & O.S.No.109 of 2019 in respect of the property, in which, 2/4

the Trust is situated.

4. In view of the subsequent development, the prayer sought for by the petitioner cannot be granted. This Writ Petition is therefore, dismissed. No costs. However, liberty is granted to the 2nd respondent's legal heirs to work out their remedy in the manner known to law.

09.09.2025 Speaking (or) Non Speaking Order kkn M.DHANDAPANI, J.

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To 1.The Joint Sub-Registrar-I, Office of the District Registrar, Erode.

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