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Madras High CourtWP(MD)/156/2025allowed

S.Kavitha v. The Sub Registrar

2025-08-29Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY S.Kavitha ... Petitioner Vs.

1. The Sub Registrar, Vedachendur, Dindigul District.

2.The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Ottanchanthiram, Dindigul.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records relating to the impugned refusal check slip issued by the 1st respondent in refusal number. RFL/ Vedachandur/221/2024 dated 23.12.2024 nd quash the same as illegal, arbitrary and in violation of the provisions of the Registration Act, 1908 and consequently directing the respondent to register the sale deed dated 11.12.2024 executed by the petitioner in favour of the petitioner's mother viz., P.Tamilarasi on representation.

For Petitioner : Mr. D.Kirubakaran for M/s.B.Saravanan Associates For Respondents : Mr.G.Suriya Ananth, Addl. Govt. Pleader for R1 Mr.S.S.Madhavan, Addl. Govt. Pleader for R2 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ Certiorarified Mandamus, to quash the impugned refusal check slip issued by the 1st respondent in refusal number. RFL/ Vedachandur/221/2024 dated 23.12.2024 and consequently to direct the respondent to register the sale deed dated 11.12.2024 executed by the petitioner in favour of the petitioner's mother viz., P.Tamilarasi on representation.

2.The contention of the petitioner is that when the petitioner intended to execute sale deed in favour of his mother, the first respondent refused to register the same and stated that the land belongs to the HR and CE department. . 3.When it is a temple land, the first respondent is bound to conduct enquiry by calling the petitioner as well as temple and then pass orders as per the order passed in the case of Sudha Ravi Kumar and Another Vs. The Special Commissioner and Others in W.P.Nos.30589 of 2013 and batch, dated 05.04.2017.

4.Therefore, the first respondent is directed to conduct an enquiry and pass orders in accordance to law. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 2/4

5.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

29.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes vsg To

1. The Sub Registrar, Vedachendur, Dindigul District.

2.The Assistant Commissioner, Hindu Religious & Charitable Endowments Department, Ottanchanthiram, Dindigul.

3/4

S.SRIMATHY , J.

vsg ORDER MADE IN W.P(MD)No. 156 of 2025 DATED :29.08.2025 4/4