Manimuthu v. The Inspector General Of Registration

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.03.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Manimuthu ... Petitioner Vs.

1.The Inspector General of Registration, 100, Santhome High Road, Chennai -28.

2.The District Registrar, District Registrar Office, Dindigul District.

3.The Sub Registrar, Sub Registrar Office, Ayyampalayam, Dindigul District.

4.The Tahsildar, Nilakottai, Dindigul District.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the third respondent to release the Deed in Document No.36/2026 dated 27.02.2026 based on the representation of the petitioner dated 11.03.2026. For Petitioner : Mr.S.Sivaprakash Page No. 1 of 6

For Respondents : Mr.A.Baskaran Additional Government Pleader

O R D E R

This Writ Petition is filed for issuance of a Writ of Mandamus directing the third respondent to release the deed in Document No. 36/2026 dated 27.02.2026, based on the representation of the petitioner dated 11.03.2026.

2. When the matter came up for hearing, the learned Additional Government Pleader appearing for the respondents would submit that the document is withheld only because of the objections of the Tahsildar, the fourth respondent herein.

3. As and whenever any objection is received under Section 22-A of the Registration Act, 1908, the manner in which it has to be dealt with has already been laid down by the Honourable Division Bench of this Court in Sudha Ravi Kumar and others vs. The Special Commissioner and Commissioner of H.R. & C.E. and others, reported in 2017 (3) CTC 135. The directions given by the Division Bench in paragraph 25 are extracted for ready reference.

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"25. In view of the above discussions, all the writ petitions are allowed and the impugned orders are set aside with the following directions:

(i) The registering authority before whom the document has been presented shall cause service of notice on the parties to the deeds and also to the objector/religious institution, hold summary enquiry, hear the parties and then either register or refuse to register the document by passing an order having regard to the relevant facts as indicated above. (ii) If the registering authority, refuses to register any document by accepting the objections raised under Section 22-A of the Registration Act, the aggrieved may file a statutory appeal under the Act.

(iii) If the objections raised under Section 22-A of the Act by the religious institution are rejected and the document is registered, the remedy for the religious institution is to either approach this Court by way of a writ petition seeking cancellation of the registration or for any other relief or to approach the civil Court for declaration of the title and for other consequential reliefs.

(iv) If the registering authority refuses to register the document acting on the objections raised by a religious institution under Section 22-A of the Registration Act, the parties to the deed will be at liberty to straightaway approach the Civil Court for declaration of title and other relief without availing the opportunity for filing a statutory appeal.

(v) We further direct that if the deed has already been registered without there being any objection by the religious institution under Section 22-A of the Act, the document shall be returned to the parties concerned leaving it open for the religious institution to approach Page No. 3 of 6

either the High Court under Article 226 of the Constitution of India or the Civil Court for appropriate relief as indicated above. At any rate, the registering authority shall not withhold the deed which has already been registered.

(vi) Consequently the connected miscellaneous petitions are closed. No costs."

4. In view of the same, this Writ Petition is disposed of on the following terms:

i.

The third respondent shall issue notice to the petitioner as well as the fourth respondent, conduct an enquiry as directed by the Hon'ble Division Bench of this Court in Sudha Ravi Kumar (cited supra) and pass final orders in the manner known to law. ii. Needless to mention that the aggrieved party will be entitled to take further proceedings, such as appeal, civil suit, etc. iii. The aforesaid exercise shall be completed within a period of four weeks from the date of receipt of a web copy of this order. iv. No costs.

24.03.2026 JEN Page No. 4 of 6

To 1.The Inspector General of Registration, 100, Santhome High Road, Chennai -28.

2.The District Registrar, District Registrar Office, Dindigul District.

3.The Sub Registrar, Sub Registrar Office, Ayyampalayam, Dindigul District.

4.The Tahsildar, Nilakottai, Dindigul District.

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D.BHARATHA CHAKRAVARTHY , J.

JEN 24.03.2026 Page No. 6 of 6