Rengarajan v. The Joint Sub Registrar No.1

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Rengarajan ... Petitioner Vs 1.The Joint Sub Registrar No.1, Tirunelveli.

2.The Joint Commisssioner, Hindu Religious and Charitable Endowments, Tirunelveli. ... 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 1st respondent pertaining to the refusal check slip dated 28.03.2025 in RFL/Joint Sub Registrar No.1 Tirunelveli /2/6 issued by the 1st respondent thereby refusing the process of registration and quash the same as illegal and arbitrary and in consequence thereof direct the 1st respondent to register the settlement deed dated 16.10.2024 presented by the petitioner at once and pass such further or other orders by this Court.

For Petitioner : Mr.P.Ganapathi Subramanian For R1 : Mr.S.Saji Bino Special Government Pleader For R2 :Mr.S.S.Madhavan Additional Government Pleader 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent pertaining to the refusal check slip dated 28.03.2025 in RFL/Joint Sub Registrar No.1 Tirunelveli /2/6 issued by the 1st respondent thereby refusing the process of registration and quash the same and consequently to direct the 1st respondent to register the settlement deed dated 16.10.2024 presented by the petitioner at once. 2.The contention of the petitioner is that the land belongs to one Anandam. Thereafter, the petitioner and his wife have purchased the same from Anandam vide sale deed dated 16.02.1996 in Doc.No.156/1996. However, the 2nd respondent is claiming title over the property as if the land belongs to the temple. But, the petitioner is holding the land under sale deed. 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.

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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.

24.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Vsg To 1.The Joint Sub Registrar No.1, Tirunelveli.

2.The Joint Commisssioner, Hindu Religious and Charitable Endowments, Tirunelveli.

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S.SRIMATHY , J.

Vsg ORDER MADE IN DATED : 24.06.2025 4/4