S.Chinna Kasim v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.13006 of 2025 S.Chinna Kasim ... 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 praying for issuance of a Writ of Mandamus, by directing the 1st respondent to register the transfer deed in respect of the property bearing Old Plot No. A10, new Door No.4A measuring an extent of 1296 sq. ft., situated in Dr.Chinna Moulana Salai (Old Thangaiyan Street) comprised in Old T S.No.1791/2A2 Vellithirumutham Village, Srirangam when the same is presented for registeration without seeking no objection letter from the 2nd respondent. For Petitioner : Mr.P.R.Krishnaraj For Respondents : Mr.Saji Bino, Special Government Pleader, for R-1 Mr.M. Saravanan, for R-2 1/6

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the 1st respondent to register the transfer deed without seeking no objection letter from the 2nd respondent.

2. The contention of the petitioner is that he had purchased an extent of 1296 sq. ft in Old plot No.A10, now door number 4A, in Dr.Chinna Moulana Salai, (Old Thangaiyan Street) comprised in Old T.S.No.1791/2A2 under a registered sale deed dated 09.12.1987 and the same was registered as document No.2535/87 with the 1st respondent herein. In the same survey number, a large extent of land measuring 31.08 acres had been acquired by the then Government of Madras, for the benefit of M/s.Srirangam Co-operative Building Society.

3. Thr further contention of the petitioner is that this property has been dealt with by his predecessors in title as their self acquired property and after purchasing he is in possession and enjoyment of this property. 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.

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4. After hearing rival submissions, this Court has given its anxious consideration. It is seen that the property was originally covered under title S. No.1791/2A2 and the land belonged to the second respondent temple. The then Government of Madras had acquired the property invoking the Land Acquisition Act as early as 1953. Though the acquisition was for 31.08 acres, but finally acquired only 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 V. Rangachari. Therefore, the claim of the second respondent that it continues to be the owner, despite the acquisition made by the Government, is untenable.

5. 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 the land in old S.No.1791/2A in 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.

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6. In view of the above discussion, the Writ Petition is allowed. The first respondent is directed to receive the document of alienation presented by the petitioner for the property bearing Old Plot No. A10, new Door No.4A measuring an extent of 1296 sq. ft., situated in Dr.Chinna Moulana Salai (Old Thangaiyan Street) comprised in Old T S.No.1791/2A2 Vellithirumutham Village, Srirangam, Tiruchirappalli District and register the same, within a period of four weeks from the date of receipt of a copy of the order. There shall be no order as to costs. 26.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA 4/6

To

1. The Sub Registrar, Srirangam Registration Office, Gandhi Road, Srirangam, Trichy 620006.

2. The Executive Officer, Arulmigu Sri Renganathaswamy Temple, Srirangam, Trichy 620006.

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S.SRIMATHY , J.

KSA ORDER MADE IN W.P(MD)No.13006 of 2025 DATED :26.06.2025 6/6