Sri Parswantha Digambar v. The District Registrar
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16-04-2026
CORAM
THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY and WMP No. 32040 of 2022 Sri Parswantha Digambar Jain Bhavan Management Trust Rep. by its President Mr. S.Srenikaraj S/o Sundarakumar, No. 22 Subramaniar Koil Street, Tindivanam 604 001.
..Petitioner Vs
1. The District Registrar (Admin), Office of District Registrar, Tindivanam - 1.
2. The Joint Sub Registrar No. 1, Officer of Joint Sub-Registrar No. 1, Tindivanam - 1.
..Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned order of the 2nd respondent herein in his proceedings in Na.ka.No. 2098 / 22 dated 17.11.2022 and quash the same and consequently direct the 2nd respondent herein to register the Supplemental Deed and Lease Deed presented by the petitioner Trust concerning its properties. For Petitioner :
Mr.P.Dinesh Kumar For Respondents :
Mr.P.Harish, Govt. Advocate
Order The Writ of Certiorarified Mandamus has been instituted seeking to call for the records of the impugned order of the 2nd respondent herein in his proceedings in Na.ka.No. 2098 / 22 dated 17.11.2022 and quash the same and consequently direct the 2nd respondent herein to register the Supplemental Deed and Lease Deed presented by the petitioner Trust concerning its properties.
2. Challenge was made against the impugned order dated 17.11.2022, whereby the 2nd respondent refused to register the Supplement Deed and the Lease Deed presented by the petitioner, citing the reason that no authorisation letter was filed to execute the Lease Deed by the executor on behalf of the Trust.
3. The learned counsel appearing on behalf of the petitioner would submit that in the present case the subject land is petitioner's Trust land and the person representing the Trust to execute the Lease Deed is the Trustee. Therefore, he would submit that he has got automatic power to present the document on behalf of the Trust. Without considering the said aspect and even though the Board Resolution passed by the Board of Trustees resolving to lease out the Trust properties was filed, the respondent has refused to register the same. Hence, the present Writ Petition.
4. The learned Government Advocate appearing on behalf of the respondents would submit that the respondent has not refused to register the document, but, had directed the petitioner to produce relevant document authorising the person, who is presenting the documents on behalf of the Trust to execute the Lease Deed. Once any such document is produced including the Board Resolution authorising Mr.S.Srenikaraj is presented, the same will be considered and registration will be made.
5. This Court has considered the submissions made by the learned counsel on either side.
6. As rightly pointed out by the learned Government Advocate appearing on behalf of the respondents, the petitioner has presented only the Lease Deed along with the Trust Deed and the Board Resolution dated 17.06.2012. Although in the Board Resolution it has been explicitly decided by the Trustees to lease out the properties, it has not authorised any person on behalf of the Trust to present the documents for registration.
7. At this juncture, the learned counsel appearing on behalf of the petitioner Trust would submit that the Trust will pass appropriate Resolution authorising some Trustee or any other person to present the documents for registration and thereafter they will present the same for registration.
8. Considering the same, in such view of the matter, this Court directs the petitioner Trust to pass appropriate Resolution authorising Trustee or any other person to present the Lease Deed at the time of registration of the document. In such case, the Sub-Registrar is directed to register the same, if it is otherwise in order.
9. With the above directions, this Writ Petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed. 16-04-2026 Index: Yes/No Speaking/Non-speaking order DSA
To
1. The District Registrar (Admin), Office of District Registrar, Tindivanam - 1.
2. The Joint Sub Registrar No. 1, Officer of Joint Sub-Registrar No. 1, Tindivanam - 1.
KRISHNAN RAMASAMY J.
DSA 16-04-2026