Madras High CourtWP(MD)/6161/2025disposed of

R. Sankaranarayanan v. The Sub Registrar

2025-07-09Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 09.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY R.Sankaranarayanan ... Petitioner Vs

1. The Sub Registrar, Sub Registrar Office, Sankarankovil, Tenkasi District.

2. The Deputy Commissioner / Executive Officer, Arulmigu Sankaranarayanan Temple, Sankarankovil, Tenkasi District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the impugned order passed by the first respondent refusal check slip in RFL/Sankarankovil/25/2025 dated 17.02.2025 and quash the same and consequently, direct the first respondent to register the sale deed presented by the petitioner dated 12.02.2025 in respect of the property in Survey Number 614/2C to the extent of 0.39.66 Hectares (98 cents) center in the extent of 0.13.36 (33 cents) Northern side out of 1.06.50 Hectares at Kalappakulam Revenue Village, Sankarankovil Taluk, Tenkasi District, within a time stipulated by this Court. 1/4

For Petitioner : Mr.J.Balameenakshi For R-1 : Mr.S.Saji Bino Special Government Pleader For R-2 : Mr.S.Manohar

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the check slip dated 17.02.2025 and consequently, to direct the first respondent to register the sale deed dated 12.02.2025.

2. The contention of the petitioner is that the land belongs to him. However, the temple, namely Arulmigu Sankaranarayanan Temple, is claiming right over the said property. He further submits that the impugned order was passed without conducting a proper enquiry.

3. In view of the above, the impugned order is set aside. The first respondent is directed to issue notice to the petitioner as well as the temple and conduct an enquiry as per the judgment rendered in Sudha Ravi Kumar and another Vs. Special Commissioner and Commissioner, Hindu Religious and Charitable Endowment Department, Chennai, reported in 2017 (3) CTC 135 2/4

(DB). The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

4. With the above said direction, this Writ Petition is allowed. There shall be no order as to costs.

09.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The Sub Registrar, Sub Registrar Office, Sankarankovil, Tenkasi District.

2. The Deputy Commissioner / Executive Officer, Arulmigu Sankaranarayanan Temple, Sankarankovil, Tenkasi District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 09.07.2025 4/4