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Madras High CourtWP(MD)/3442/2026disposed of

Sumathi v. The Sub Registrar

2026-02-26Honourable Mr Justice Krishnan Ramasamy31 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 26.02.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)Nos.3442, 3665, 4048, 5093, 5094, 5095, 5096, 5097, 5098, 5099, 5100, 5480 of 2026, 198, 29407, 29408, 29479, 29481, 30453, 30454, 34108 of 2025, 23152 of 2024 and 14730 of 2023 and W.M.P.(MD).Nos.22723 and 26949 of 2025 W.P.(MD).No.3442 of 2026 Sumathi RFL/Sankarankovil/150/2025 dated 18.11.2025 issued by the first respondent to register the document submitted by the petitioner with 1/31

regard to the property in Survey No.438B/24, bearing Patta No.1114, measuring 1 acre 6.25 cents situated in Kalappakulam Village, Sankarankovil Taluk, Tenkasi District.

: Mr.A.Kannan, Additional Government Pleader W.P.(MD).No.3665 of 2026 A.Paramasivan RFL/Sankarankovil/109/2025 dated 15.07.2025 issued by the first respondent to register the document submitted by the petitioner with regard to the property in Survey No.724/3A, measuring 3 Acres and 6 2/31

Cents situated at Kalappakulam Village, Sankarankovil Taluk, Tenkasi District in sale deed dated 15.07.2025.

: Mr.V.Om Prakash, Government Advocate W.P.(MD).No.4048 of 2026 K.Mathuprabaharan RFL/Sankarankovil/87/2025 dated 26.05.2025 issued by the first respondent to register the document submitted by the petitioner with regard to the property in Survey No.387/1B2A, measuring 39 cents situated in Kalappakulam Village, Sankarankovil Taluk, Tenkasi District. 3/31

: Mr.K.S.Selvaganesan Additional Government Pleader W.P.(MD).No.5093 of 2026 Murugesan RFL/Sankarankovil/107/2025 dated 10.07.2025 issued by the first respondent to register the document submitted by the petitioner with regard to the Punja land comprised in Survey No.191B/3, measuring 32 cents, Survey No.191B/4, measuring 1.25 cents and Survey Number. 191A/1A, measuring 23 cents situated in Vadakkapudur Village, Sankarankovil Taluk, Tenkasi District.

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: Mr.K.R.Badurus Zaman, Government Advocate W.P.(MD).No.5094 of 2026 Lakshmi Sub Registrar Office, RFL/Sankarankovil/15/2025 dated 30.01.2025 issued by the first respondent to register the documents with regard to the Plot No.9 measuring to an extent of 4500 Square Feet (418.060 Sq.m) comprised in S.No.438/B2 corresponding to the new Survey No.438B/2A1A1 situated in Kalappakulam Village, Sankarankovil Taluk, Tenkasi District. 5/31

: Mr.K.R.Badurus Zaman, Government Advocate W.P.(MD).No.5095 of 2026 Saravanaselvi RFL/Sankarankovil/159/2025 dated 03.12.2025 issued by the first respondent to register the document submitted by the petitioner with regard to the property in Survey No.617/1A5, measuring 5240 Square Feet, bearing Patta No.2932, bearing Plot No.95, situated in Kalappakulam Village, Sankarankovil Taluk, Tenkasi District. 6/31

: Mr.K.R.Badurus Zaman, Government Advocate W.P.(MD).No.5096 of 2026 Maheswari Sub Registrar Office, RFL/Sankarankovil/39/2025 dated 18.03.2025 issued by the first respondent to register the document submitted by the petitioner with regard to Plot Number.10 comprised in Old Survey No.619, later subdivided into 619/2, now Natham Survey No.755/15A3, measuring to an extent of 1742.5 square feet situated at N.G.O. Colony part, Gomathisankar Colony, Ward No.5, Kalappakulam Village and Panchayat, Sankarankovil Taluk, Tenkasi District, within a time frame fixed by this Court.

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: Mr.K.R.Badurus Zaman, Government Advocate W.P.(MD).No.5097 of 2026 M.Kabirivel RFL/Sankarankovil/118/2025 dated 01.08.2025 issued by the first respondent to register the document submitted by the petitioner with regard to the property in Survey Nos.572/1A1A, 572/1A1B, 572/1A2 and 572/1A3 bearing Plot Nos.96 and 101, measuring 400 square metre situated in Kalappakulam Village, Sankarankovil Taluk, Tenkasi District. 8/31

: Mr.K.R.Badurus Zaman, Government Advocate W.P.(MD).No.5098 of 2026 Ramya Sub Registrar Office, RFL/Sankarankovil/13/2025 dated 30.01.2025 issued by the first respondent to register the document submitted by the petitioner with regard to the Plot Nos.79, 80 and 83 comprised in S.No.438/B1, corresponding to the new Survey Number.438B/1A1A in Kalappakulam Village, Sankarankovil Taluk, Tenkasi District, within a time frame fixed by this Court.

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: Mr.K.R.Badurus Zaman, Government Advocate W.P.(MD).No.5099 of 2026 Thema Sub Registrar Office, RFL/Sankarankovil/22/2025 dated 07.02.2025 issued by the first respondent to register the documents with regard to the Plot No.16 comprised in Survey Number : 619/1, measuring to an extent of 3400 Square Feet with constructed house bearing Door No.5/1074/A situated at Old Ward number : 5, New Ward Number : 9, "N.G.O. Colony", Gomathisankar Colony, Old Ward No.5, New Ward Number : 9, Kalappakulam Village, Kalappakulam Panchayat, Sankarankovil 10/31

Panchayat Union, Tenkasi District, within a time frame to be fixed by this Court.

: Mr.K.R.Badurus Zaman, Government Advocate W.P.(MD).No.5100 of 2026 Lavanya Sub Registrar Office, RFL/Sankarankovil/14/2025 dated 30.01.2025 issued by the first respondent to register the documents with regard to Plot Nos.46, 48 and 8 comprised in S.No.438/B1, corresponding to New Survey No. 438/1A1A in Kalappakulam Village, Sankarankovil Taluk, Tenkasi District, within a time frame as may be fixed by this Court. 11/31

: Mr.K.R.Badurus Zaman, Government Advocate W.P.(MD).No.5480 of 2026 Subbammal RFL/Sankarankovil/116/2025 dated 31.07.2025 issued by the first respondent to register the document submitted by the petitioner with regard to the property in Survey No.615/2A1A bearing Plot No.100, bearing Door No.1095/B, measuring 3003 square feet in Komathy Shankar Colony, NGO Colony, Kalappakulam Village, Sankarankovil Taluk, Tenkasi District.

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: Mr.K.R.Badurus Zaman, Government Advocate : Mr.S.Manohar W.P.(MD).No.198 of 2025 Mahalingam Sub Registrar Office, RFL/Sankarankovil/112/2024 dated 22.11.2024 issued by the first respondent to register the document for registration to be submitted by the petitioner with regard to (1) survey number : 437A/2A(437/A2A) comprised in Patta Number : 858 measuring to an extent of 0.39.0 Hec.,

(2) Survey Number : 437A/2B (437/A2B) comprised in Patta No.1660 13/31

measuring to an extent of 0.37.0 hec. and (3) Survey Number : 437A/2C (437/A2C) comprised in Patta Number : 2864 measuring to an extent of 0.35.0 Hec, situated at Kalappakulam Village, Sankarankovil Taluk, Tenkasi District, within a time frame fixed by this Court. : Mr.A.Kannan, Additional Government Pleader W.P.(MD).No.29407 of 2025 T.Balasubramanian RFL/Sankarankovil/71/2025 dated 29.04.2025 issued by the first respondent to register the documents to be submitted by the petitioner 14/31

with regard to the property comprised in Survey Nos.572/1A1A, 572/1A1B, 572/1A2 and 572/1A3 bearing Plot No.15, measuring to an extent of 1491 Square feet (138.6 Square Metre) having constructed house bearing Door No.5/1286C situated in Bharathi Nagar, Kalappakulam Village, Sankarankovil Taluk, Tenkasi District within a time frame to be fixed by this Court.

: Mr.A.Kannan, Additional Government Pleader W.P.(MD).No.29408 of 2025 Arumugam RFL/Sankarankovil/121/2025 dated 21.08.2025 issued by the first 15/31

respondent to register the document submitted by the petitioner with regard to the Plot No.22, comprised in Natham Survey No.587/2A and New Survey No.587/2A1, measuring to an extent of 1800 Square Feet, situated in 4th ward, Kalappakulam Village, Sankarankovil Panchayat Union, Tenkasi District, within a time frame to be fixed by this Court. : Mr.A.Kannan, Additional Government Pleader W.P.(MD).No.29479 of 2025 V.V.Varadan RFL/Sankarankovil/28/2025 dated 20.02.2025 issued by the first 16/31

respondent to register the document submitted by the petitioner with regard to the property in Survey No.616 corresponding to Re-Survey Number : 616/8 bearing Plot No.205, measuring 3400 square feet (315.87 Square Metre) in NGO Colony West, 5th Ward, Kalappakulam Village, Sankarankovil Taluk, Tenkasi District. : Mr.A.Kannan, Additional Government Pleader W.P.(MD).No.29481 of 2025 Ayyadurai RFL/Sankarankovil/56/2025 dated 03.04.2025 issued by the first 17/31

respondent to register the document submitted by the petitioner with regard to the Plot Nos.23 and 32, comprised in Survey No.666/1A2, bearing Patta No.4464, measuring to an extent of 0.02.40 hectares situated in Kalappakulam, Sankarankovil Panchayat Union, Tenkasi District, within a time frame to be fixed by this Court. : Mr.A.Kannan, Additional Government Pleader W.P.(MD).No.30453 of 2025 V.V.Varadan 18/31

RFL/Sankarankovil/27/2025 dated 20.02.2025 issued by the first respondent to register the document submitted by the petitioner with regard to the Natham property in Survey Number : 438A/1A1A corresponding to New Survey Number : 616 / 8 bearing Plot No.206 in which Eastern Side measuring 1700 Square feet (157.933 Square Metre) in NGO Colony North West, Gomathi Sankar Colony, 5th Ward, Kalappakulam Village, Sankarankovil Taluk, Tenkasi District, within a time frame to be fixed by this Court.

: Mr.A.Kannan, Additional Government Pleader W.P.(MD).No.30454 of 2025 Sivanaiah 19/31

RFL/Sankarankovil/124/2024 dated 19.12.2024 issued by the first respondent to register the document submitted by the petitioner with regard to the punja land bearing Patta No.5838, comprised in survey Number : 33/2, measuring 16.055 cents situated in Survey No,33/2, measuring 16.055 cents situated in South Sankarankovil Village, Tenkasi District.

: Mr.A.Kannan, Additional Government Pleader W.P.(MD).No.34108 of 2025 K.Bala Murugan 1.The District Registrar, Tenkasi District, Tenkasi.

2.The Sub Registrar, Karivalamvanthanallur, Tenkasi.

3.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tuticorin.

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4.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

RFL/Sankarankovil/167/2025 dated 24.09.2025 issued by the second respondent and quash the same as illegal and consequently direct the respondent Nos.1 and 2 to register the sale deeds presented and to be presented by the petitioner with regard to the Survey Nos.590/1A, 590/1B (Pt), 592/1, 593/1, 593/3A, 593/4A, 593/4B, 593/5A, 593/5B, 594/1, 595 and 597/2, 592/1A1B, 592/1A1C, 592/1A2, 592/1A3, 595/1A, 595/1B, 595/2, 595/3, 594/4, 595/5 and 597/2B, situated in Manaloor Village, Karivalamvandanallur Sub Registrar, Tenkasi District, within a time frame to be fixed by this Court. For Respondents : Mr.A.Kannan, Additional Government Pleader W.P.(MD).No.23152 of 2024 Sivakumar Sub Registrar Office, 21/31

RFL/Sankarankovil/4/2023 dated 21.02.2023 issued by the first respondent to register the mortgage document submitted by the petitioner with regard to S.No.195B/4B, measuring to an extent of 35.82 cents and the land comprised in S.No.195B/5B, measuring to an extent of 36 cents both situated at Vadakkapudur Village, Sankarankovil Taluk, Tenkasi District within a time frame fixed by this Court. : Mr.A.Kannan, Additional Government Pleader W.P.(MD).No.14730 of 2023 T.R.Ganesan Sub Registrar Office, 22/31

praying to issue a Writ of Mandamus, directing the first respondent to accept the document for registration to be submitted by the petitioner with regard to land comprised in Survey No.388/1 (New Sub Division Number 388 /1A1A) measuring to an extent of 3 Acres and 86 Cents and Survey No.388/2(New Sub Division Number 2A1A1) measuring to an extent of 4 Acres and 32 Cents situated in Kalappakulam Village, Sankakarankovil Taluk, Tenkasi District and register the same within a time frame fixed by this Court.

: Mr.A.Kannan, Additional Government Pleader COMMON ORDER W.P.(MD)Nos.3442, 3665, 4048, 5093, 5094, 5095, 5096, 5097, 5098, 5099, 5100, of 2026, 198, 29407, 29408, 29479, 29481, 30453, 30454 of 2025, 23152 of 2024 have been filed challenging the impugned Refusal Check 23/31

Slips dated 18.11.2025, 15.07.2025, 26.05.2025, 10.07.2025, 30.01.2025, 03.12.2025, 18.03.2025, 01.08.2025, 30.01.2025, 07.02.2025, 30.01.2025, 31.07.2025, 22.11.2024, 29.04.2025, 21.08.2025, 20.02.2025, 03.04.2025, 20.02.2025, 19.12.2024 and 21.02.2023 respectively issued by the first respondent and to quash the same as illegal and for a consequential direction to the first respondent to register the document submitted by the petitioners in respect of the subject property.

2. W.P.(MD)No.34108 of 2025 has been filed challenging the impugned Refusal Check Slip dated 24.09.2025 issued by the second respondent and to quash the same as illegal and for a consequential direction to the first and second respondents to register the documents submitted by the petitioner in respect of the subject property.

3. W.P.(MD).No.14730 of 2023 has been filed seeking a direction to the first respondent to accept the document for registration to be submitted by the petitioner with regard to the subject property within a time frame fixed by this Court.

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4. Since the issue involved in all these writ petitions is common, these writ petitions are taken up together for final disposal.

5. Heard the learned counsel appearing on either side.

6. The learned counsel appearing for the petitioners submitted that the petitioners had presented the sale deeds before the Sub Registrar for registration. However, the same was refused by the concerned respondent by issuing the impugned Refusal Check Slips on the ground that the subject property belongs to a temple.

7. The learned counsel further submitted that, after the commencement of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, an enquiry was conducted by the Assistant Settlement Officer for the grant of ryotwari patta. During the said proceedings, the petitioners' predecessors-in-title were in possession and enjoyment of the property and had participated in the enquiry. The respondent temple had also participated in the proceedings. After conducting a detailed enquiry and hearing all parties, the Assistant Settlement Officer granted inam ryotwari patta in favour of the petitioners' predecessors under Section 11(2)(b) of the said Act. 25/31

8. The learned counsel further submitted that, as against the said order, an appeal remedy is provided under Section 11(3) of the Act. The Assistant Commissioner/Executive Officer of the respondent temple preferred an appeal challenging the order passed by the Assistant Settlement Officer, and the same came to be dismissed. Therefore, the said order has attained finality. Hence, if the respondent temple claims any right over the property, it can only approach the competent Civil Court and establish its rights in the manner known to law.

8. Heard the learned Government Advocates and the learned Additional Government Pleader appearing for the State.

9. The learned counsel appearing for the Temple submitted that the temple had participated in the inam proceedings. In respect of certain survey numbers, patta was granted in favour of the temple, and in respect of certain other lands, patta was granted in favour of private parties. They further relied upon an order passed by this Court wherein certain lands were declared as inam lands. However, the learned counsel for the petitioners contended that the petitioners were not parties to the said proceedings and, therefore, the said order is not binding on them. 26/31

10. Considering the submissions made on either side, this Court finds that there is no dispute with regard to the fact that the Assistant Settlement Officer conducted an enquiry under the provisions of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act, 1963, in which the respondent temple had also participated. It is also not in dispute that an appeal remedy was available under Section 11(3) of the Act, and that the respondent Temple preferred such an appeal, which came to be dismissed. Therefore, the order passed by the Assistant Settlement Officer granting ryotwari patta has attained finality.

11. If the respondent temple still intends to establish its title over the property, it is always open to the temple to approach the competent Civil Court and establish its rights in the manner known to law. Until such time, the patta granted by the Assistant Settlement Officer in favour of the petitioners shall continue to hold the field.

12. In such circumstances, the refusal made by the first and second respondents on the ground that the property belongs to the temple cannot be sustained. Accordingly, the impugned Refusal Check Slips dated 27/31

18.11.2025, 15.07.2025, 26.05.2025, 10.07.2025, 30.01.2025, 03.12.2025, 18.03.2025, 01.08.2025, 30.01.2025, 07.02.2025, 30.01.2025, 31.07.2025, 22.11.2024, 29.04.2025, 21.08.2025, 20.02.2025, 03.04.2025, 20.02.2025, 19.12.2024 and 21.02.2023 issued by the first respondent in W.P.(MD) Nos.3442, 3665, 4048, 5093, 5094, 5095, 5096, 5097, 5098, 5099, 5100 and 5480 of 2026, 198, 29407, 29408, 29479, 29481, 30453 and 30454 of 2025, 23152 of 2024 and 14730 of 2023, and the impugned Refusal Check Slip dated 24.09.2025 issued by the second respondent in W.P.(MD) No.34108 of 2025, are set aside and the matter is remitted back to them for fresh consideration. 13.The first respondent in W.P.(MD)Nos.

3442, 3665, 4048, 5093, 5094, 5095, 5096, 5097, 5098, 5099, 5100, 5480 of 2026, 198, 29407, 29408, 29479, 29481, 30453, 30454 of 2025, 23152 of 2024 and 14730 of 2023 and the second respondent in W.P. (MD).No.34108 of 2025 are directed to hear the petitioners as well as the temple authorities and verify whether any decree has been obtained from a competent Civil Court by the temple declaring title over the subject property.

Officer and pass appropriate orders with regard to the registration of the document, in accordance with law. The entire exercise shall be completed within a period of twelve (12) weeks from the date of receipt of a copy of this order.

14. With the above directions, these Writ Petitions stand disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

26.02.2026 TSG Speaking/Non-speaking order Index : Yes / No To 2.The Assistant Commissioner / Executive Officer, Arulmigu Sankaranarayanaswamy Temple, 3.The District Registrar, Tenkasi District, Tenkasi.

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4.The Sub Registrar, Karivalamvanthanallur, Tenkasi.

5.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Tuticorin.

6.The Commissioner, Hindu Religious and Charitable Endowments Department, Chennai.

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KRISHNAN RAMASAMY, J.

TSG W.P.(MD)Nos.3442, 3665, 4048, 5093, 5094, 5095, 5096, 5097, 5098, 5099 5100, 5480 of 2026, 198, 29407, 29408, 29479, 29481, 30453, 30454, 34108 of 2025, 23152 of 2024 and 14730 of 2023 26.02.2026 31/31