M.Shanmugaiah v. The Sub-Registrar

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 09.01.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY M.Shanmugaiah ... Petitioner Vs.

1.The Sub-Registrar, Sub-Registrar Office, Sankarankoil SRO, Tenkasi District - 627 756.

2.The Deputy Commissioner / Executive Officer, Arulmigu Sankaranarayanaswamy Temple, Sankarankoil, Tenkasi District - 627 756.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the check slip issued by the first respondent dated 29.04.2025 and quash the same as unlawful and 1/6

unsustainable consequently directing the respondent to register the settlement deed dated 29.04.2025 as and when the same is presented by the petitioner with regard to the land to an extent of 3400 sq.ft. with house building comprised in Survey No.616 bearing Plot No.120, Door No.5/1271/A10 situated at N.G.O. Colony, Gomathy Nagar Colony, Kalappakulam Village. For Petitioner : Mr.S.A.Ganapathyraman For Respondents : Mr.A.Kannan, Additional Government Pleader

O R D E R

This Writ Petition has been filed challenging the impugned check slip issued by the first respondent dated 29.04.2025 and for a consequential direction to the respondent to register the settlement deed dated 29.04.2025 as and when the same is presented by the petitioner with regard to the land to an extent of 3400 sq.ft. with house building comprised in Survey No.616 bearing Plot No.120, Door No.5/1271/A10 situated at N.G.O. Colony, Gomathy Nagar Colony, Kalappakulam Village. 2/6

2.The learned counsel appearing for the petitioner would submit that the petitioner's Settlement Deed dated 29.04.2025 was refused to be registered by the first respondent on the ground that, based on a communication said to have been received from the second respondent dated 09.02.2021, the property situated in Survey No.616 bearing Plot No.120, Door No.5/1271/A10 situated at N.G.O. Colony, Gomathy Nagar Colony, Kalappakulam Village, belongs to the second respondent. He would further submit that no enquiry was conducted, as mandated in the judgment of this Court reported in AIR 2017 Madras 203 in the case of Sudha Ravi Kumar and another Vs. The Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department, Chennai and another.

3.The learned Additional Government Pleader appearing for the first respondent would submit that enquiry will be conducted by the first respondent and appropriate orders will be passed. 4.Considering the submissions made on either side, it is seen that the impugned order has been passed merely based on the 3/6

objections raised by the second respondent, without conducting any enquiry and without following the law laid down by this Court in AIR 2017 Madras 203 (supra). Accordingly, the impugned Refusal Check Slip dated 29.04.2025 issued by the first respondent is set aside. The petitioner is directed to re-present the document, and on receipt of the same, the first respondent is directed to conduct enquiry strictly in accordance with the law laid down in the above judgment and pass appropriate orders on merits and in accordance with law as expeditiously as possible. 5.In the result, this Writ Petition stands disposed of. There shall be no order as to costs.

09.01.2026 Index: Yes/No Internet: Yes/No MR 4/6

- To 1.The Sub-Registrar, Sub-Registrar Office, Sankarankoil SRO, Tenkasi District - 627 756.

2.The Deputy Commissioner / Executive Officer, Arulmigu Sankaranarayanaswamy Temple, Sankarankoil, Tenkasi District - 627 756.

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KRISHNAN RAMASAMY, J.

MR 09.01.2026 6/6