Veeraswamy Educational Trust v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 03-03-2026

CORAM

THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P(MD).Nos.2976 and 2977 of 2026 Veeraswamy Educational trust Represented by its Chairman cum Managing Trustee Having address at Village Hospital Campus Vettamangalam West Vettamangalam Post Karur District - 639 117.

... Petitioner Vs.

1. The District Registrar, Karur District.

2. The Sub Registrar, Velayuthampalayam SRO, Karur District - 639 117.

3. Karen Velappan

4. Asha Velappan Veerasamy

5. Anand Velappan.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of CERITIORARIFIED MANDAMUS, calling for the records pertaining to the Impugned order in Na.Ka.No. 194/2025 dated 07.01.2026 passed by the 2nd Respondent 1/6

quash the same and consequently direct the 2nd Respondent to forebear from registering any sale deed or any instrument in the Subject properties purchased by Late Mr. Velappan Veerasamy vide Document Nos. 91/1984, 111/1987, 663/1998, 23/1995, 689/1995, 521/1998, 52/1999, 79/1999, 683/1989, 684/1999, 685/1999, 686/1995, 690/1999,691/1999, 692/1999, 693/1999 429/1994 and 690/1995 registered on the file of Office of Sub-Registrar, Velaythamapalayam, ie., the 2nd Respondent herein and pass such further or other orders as this Honble Court may deem fit and proper in the circumstances of the case and thus render justice.

For Petitioners :

Mr.Ali Hassan Khan For R1 & R2 :

Mr.A.Baskaran Additional Government Pleader

ORDER

The writ petition has been filed challenging the impugned order dated 07.01.2026, and quash the same and consequently direct the 2nd Respondent to forebear from registering any sale deed or any instrument in the Subject properties purchased by Late Mr. Velappan Veerasamy. 2/6

2. Upon considering the material records of the case, it can be seen that one Velappan Veerasamy was the original owner of the subject property. It is stated that the said Velappan Veerasamy founded the petitioner trust namely Veerasamy Educational Trust for the purpose of running an educational institution and dedicated the said properties to the Trust. Therefore, once the said Velappan Veerasamy had divested his title in favour of the Trust by dedicating the properties, after his demise, his wife and children, being the legal heirs, cannot register or deal with the said property or execute any document. Therefore, the petitioner had sent a representation to the Sub-Register and the Sub Register had also considered the same and advised the petitioner to approach the competent Civil Code for remedy.

3. It is submitted that when the title deed is very clear and even in the earlier writ petition, the said legal heirs themselves have admitted that the properties are being dedicated to that of the Trust, some other Sub-Registrar ought not to have registered the same. The petitioner was not even put on notice about the transaction especially when the petitioner has already lodged a detailed objection. As a matter of fact, even the necessary documents were not there with the legal heirs as the original documents are with the Trust.

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4. Heard the learned counsel on either side and perused the materials available on record.

5. Upon considering the arguments advanced on either side, it is seen that the claim of the petitioner relates to title. It is the contention of the petitioner that once the said Velappan Veerasamy has divested himself of the title in favour of the Trust, the legal heirs thereafter cannot claim any ownership of the property. However, the said position is disputed by the other side and the same can be adjudicated only by the competent Civil Court. Therefore, the impugned order has rightly been passed.

6. It is stated that the petitioner has already approached the Civil Court by way of suit in O.S.No.334 of 2025 on the file of the District Munsif Court, Karur. Therefore, it is always open for the petitioner to move an application, seeking an interim relief before the District Munsif Court, Karur.

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7. With the said liberty, the writ petition stands disposed of. It is needless to state that if such an application is made by the petitioner, the District Munsif Court, Karur shall consider the same and dispose of as expeditiously as possible. No costs. Consequently, connected miscellaneous petitions are closed.

03.03.2026 Index: Yes Speaking Order: Yes rgm 5/6

D.BHARATHA CHAKRAVARTHY, J.

rgm To

1. The District Registrar, Karur District.

2. The Sub Registrar, Velayuthampalayam SRO, Karur District - 639 117.

and W.M.P(MD).Nos.2976 and 2977 of 2026 03.03.2026 6/6