Kannan A v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 01.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD).No.9608 of 2025 A.Kannan ... Petitioner -vs1. The Sub- Registrar, Office of the Sub Registrar, Sankarankovil, Tenkasi District.

2. Arulmigu Sankaranarayanasamy Temple, Represented by its Assistant Commissioner/ Executive Officer, Sankarankovil, Tenkasi District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorarified Mandamus by calling for the records relating to the impugned Refusal Check Slip having Reference No. RFL/Sankarankovil/44/2025 dated 20.03.2025 on the file of the 1st Respondent and quash the same and consequently direct the 1st respondent to register the Sale Deed dated 20.03.2025 presented by the Writ Petitioner for registration and release the document to the Writ Petitioner. 1/4

For Petitioner : Mr.R.Bharath Kumar For R1 : Mr.S.Suriya Ananth Additional Government Pleader For R2 : Mr.S.Manoharan

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned refusal Slip RFL/Sankarankovil/44/2025 dated 20.03.2025, passed by the 1st respondent and consequently, to direct the 1st respondent to register the Sale Deed dated 20.03.2025 presented by the petitioner for registration and release the document to the petitioner within stipulated time frame fixed by this Court.

2. The contention of the petitioner is that he purchased the subject property from one M.Kaliraj vide Sale Deed dated 20.03.2025. However, the 1st respondent refused to register the same citing the objections raised by the 2nd respondent/temple. The further contention of the petitioner is that the 2nd respondent/temple claims right over the subject property stating that the subject property originally belongs to the HR & CE Department.

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3. When it is a temple land, the 1st respondent is bound to conduct enquiry by calling the petitioner as well as temple and then pass orders as per the order passed in the case of Sudha Ravi Kumar and Another Vs. The Special Commissioner and Others in W.P.Nos.30589 of 2013 and batch, dated 05.04.2017.

4.Therefore, the respondents are directed to conduct an enquiry and pass orders in accordance to law.

5.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

01.08.2025 (1/2) NCC :yes/No Index :yes/No Internet:yes/No rgm 3/4

S.SRIMATHY, J.

rgm To

1. The The Sub- Registrar, Office of the Sub Registrar, Sankarankovil, Tenkasi District.

2. Arulmigu Sankaranarayanasamy Temple, Represented by its Assistant Commissioner/ Executive Officer, Sankarankovil, Tenkasi District.

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