S.Sreedharan v. The Sub Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.03.2025
CORAM
THE HON'BLE MR.JUSTICE V.LAKSHMINARAYANAN S.Sreedharan .. Petitioner Vs.
1.The Sub Registrar, Srirangam Registration Office, Gandhi Road, Srirangam, Trichy - 620006.
2.The Executive Officer, Arulmigu Sri Renganathaswamy Temple, Srirangam, Trichy - 620006.
.. Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India to issue a writ of Mandamus, directing the 1st respondent to register the sale of the property in respect of the property bearing Flat No.5, (FFB) Sri Rohini Nikitha Flats, measuring an undivided share of 600 Sq.ft out of an undivided share of 3600 sq.ft with a built up area of 885 sq.ft in First Floor and situated in Plot No.16, Sheshadri Street (Also referred as EVS street) Renganagar, Vellithirumutham Village, Srirangam, Trichy and comprised in Old T.S No.750 New T.S.No 2608 within the Sub Registration Office at Srirangam, Trichy which was purchased by the petitioner under a registered sale deed dated 02.05.1996 bearing document number 2055/96 with the 1st respondent herein, without seeking no objection letter from the 2nd respondent.
For Petitioner : Mr.S.Prasanth For R-1 : Mr.R.Suresh Kumar Additional Government Pleader For R-2 : Mr.M.Saravanan
ORDER
The petitioner seeks for a Mandamus to direct the first respondent to register the sale of the property bearing Flat No.5, (FFB) Sri Rohini Nikitha Flats situated in old T.S.No.750, new T.S.No.2608, Renganagar, Vellithirumutham Village, Srirangam, Tiruchirappalli District.
2. The petitioner states that he had purchased an undivided extent of 600 sq.ft out of 3600 sq.ft in old T.S.No.750, new T.S.No.2608 of Vellithirumutham Village. He purchased the same from one S.P.Sarathy, who had constructed flats under the name and style of "Sri Rohini Nikitha Flats". Prior to the construction of the flats, a large extent of land measuring 23.50 acres had been acquired by the then Government of Madras, for the benefit of M/s.Srirangam Co-operative Building Society. The Srirangam Cooperative Building Society, in turn, had allotted the property to one G.Savithri Bai. After enjoying the same as the owner, she had sold it to S.P.Sarathy, the vendor of the writ petitioner.
3. When the petitioner attempted to alienate the property, he was informed by the first respondent that an objection had been raised by the
Executive Officer of Arulmigu Sri Renganathaswamy Thirukovil, Srirangam and therefore, demanded a 'No Objection' Certificate from the said temple prior to proceeding with registration. Hence, this Writ Petition.
4. I heard Mr.S.Prasanth for the writ petitioner and Mr.R.Suresh Kumar, learned Additional Government Pleader for the first respondent and Mr.M.Saravanan for the second respondent. I have gone through the records.
5. The property was originally covered under title deed No.1029. This vested the land with the second respondent temple. The then Government of Madras had acquired the property invoking the Land Acquisition Act as early as 1949. Though the original demand was for 31.08 acres, what was finally acquired was 23.50 acres. It is this extent that was transferred to the Srirangam Co-operative Building Society Limited. On acquisition, whatever right, title and interest was available with the temple stood transferred to the Government and then to the Co-operative Society. On becoming the owner of the property, the Society alienated the same in favour of one Savithri Bai. Therefore, the claim of the second respondent that it continues to be the owner, despite the acquisition made by the Government, is untenable.
6. The counter affidavit filed by the second respondent shows that the acquisition proceedings have not been denied. On the contrary, it concedes to the fact that the Government had acquired old T.S.No.750 of
Vellithirumutham Village and compensation amount was deposited in the Civil Court. That being the position, the first respondent cannot refuse to register the document on the ground that the second respondent claims to be the owner of the property.
7. In view of the above discussion, the Writ Petition is ordered. There shall be a direction to the first respondent to receive the document of alienation presented by the petitioner for the property bearing Flat No.5, (FFB) Sri Rohini Nikitha Flats situated in old T.S.No.750, new T.S.No.2608, Renganagar, Vellithirumutham Village, Srirangam, Tiruchirappalli District. and register the same. There shall be no order as to costs. 18.03.2025 NCC :
Yes / No Index :
Yes / No Internet :
Yes / No Lm To The Sub Registrar, Srirangam Registration Office, Gandhi Road, Srirangam, Trichy - 620006.
V.LAKSHMINARAYANAN,J.
Lm 18.03.2025