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Madras High CourtWP(MD)/172/2026allowed

Murugeswari v. The District Registrar,

2026-01-07Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 07/01/2026

CORAM

The Hon`ble Mr.Justice KRISHNAN RAMASAMY and WMP(MD) No.148 of 2026 Murugeswari ... Petitioner Vs

1. The District Registrar,, Tenkasi, Tenkasi District..

2. The Sub Registrar, Sub Registrar Office, Sankarankovil Taluk, Tenkasi District..

3. The Executive Officer, Sankaranarayana Samy Kovil, Sankarankovil Taluk, Tenkasi District..

... Respondents PRAYER :- Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for the records relating to the impugned refusal check slip issued by the 2nd respondent in his proceedings in refusal check slip number RFL/Sankarankovil/164/2025 dated 12.12.2025 and quash the same as illegal and consequentially to direct the 2nd respondent to register the sale deed dated 12.12.2025 in respect of land to an extent of 1 Acre 50 cents in Plot No. 1 and Plot No.2 comprised in Survey No. 605/2A2 situated at Kalappakulam Village, Sankarankovil Taluk, Tenkasi District. 1/6

For Petitioner : Ms.S.Mamtha For Respondents : Mr.V.Omprakash for R1 and R2 Government Advocate Mr.S.Manohar for R3

ORDER

This writ petition has been filed challenging the impugned refusal of registration of sale deed by the 2nd respondent dated 12.12.2025 and for a consequential direction to the 2nd respondent to register the sale deed dated 12.12.2025 in respect of land to an extent of 1 Acre 50 cents in Plot No. 1 and Plot No.2 comprised in Survey No. 605/2A2 situated at Kalappakulam Village, Sankarankovil Taluk, Tenkasi District.

2. Heard the learned counsel for the petitioner, learned Government Advocate for the official respondents and the learned counsel for the third respondent. By consent of both sides, the writ petition itself is taken up for final disposal at the stage of admission itself.

3. The petitioner intended to purchase the land in question and executed a sale deed and presented the sale deed for registration. However, the said sale deed was refused to be registered by the 2nd 2/6

respondent on the ground that the Executive Officer of the third respondent temple has made some objections. The objection was made stating that the land in question belongs to the third respondent temple and hence, the petitioner was directed to obtain no objection certificate from the 3rd respondent. Challenging the said refusal, the petitioner is before this Court.

4. I have considered the rival submissions and perused the materials available on record.

5. It is seen that in the present case, when the sale deed was presented by the petitioner, it was refused to be registered on the ground that the Executive Officer of the third respondent has made some objections. However, as per the law laid down by this Court in AIR 2017 Madras 203 [Sudha Ravi Kumar and another Vs. The Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department, Chennai and another], before passing any orders, the authorities are bound to issue notice to the parties concerned. 3/6

4. Considering the submissions made on either side, it is seen that the impugned order has been passed merely based on the objections raised by the third 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 12.12.2025 issued by the 2nd respondent is set aside. The 2nd respondent is directed to issue notice to the petitioner as well as third respondent. After hearing both the parties, the 2nd respondent is directed to conduct an enquiry strictly in accordance with the law laid down in the aforesaid judgment and pass appropriate orders on merits and in accordance with law as expeditiously as possible.

5. The writ petition stands disposed of with the above direction. No costs. Consequently connected Miscellaneous Petition is closed. 07.01.2026 NCC : Yes/No Index : Yes/No RR 4/6

To

1. The District Registrar,, Tenkasi, Tenkasi District..

2. The Sub Registrar, Sub Registrar Office, Sankarankovil Taluk, Tenkasi District..

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KRISHNAN RAMASAMY, J RR

ORDER

IN WP(MD) No.172 of 2026 Date : 07.01.2026 6/6