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Madras High CourtWA(MD)/2027/2025dismissed

The Inspector General Of Registration v. C Subramania Pillai

2025-07-25Honourable Mr Justice G.R.Swaminathan,Honourable Mr.Justice K.Rajasekar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 25.07.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE K.RAJASEKAR and C.M.P(MD)No.11686 of 2025 1.The Inspector General of Registration, 100, Santhome High Road, Santhome, Chennai.

2.The Sub Registrar, Edalakudy, Kanyakumari District.

... Appellants / Respondents 1 & 2 Vs.

1.C.Subramania Pillai ... 1st Respondent / Writ Petitioner 2.P.Vivek ... 2nd Respondent / 3rd Respondent Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to allow the Writ Appeal by setting aside the order passed in W.P(MD)No.18048 of 2020 dated 30.03.2023.

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For Appellants : Mr.S.Saji Bino For Respondents : Ms.Jeya Revathi for R.1 Mr.S.Balaji for R.2

JUDGMENT

(By G.R.SWAMINATHAN, J.) Heard both sides.

2.The department has filed this Writ Appeal against the order dated 30.03.2023 made in W.P(MD)No.18048 of 2023. The learned single Judge had disposed of the Writ Petition in the following terms: "8.The respondents 1 and 2 are directed to consider the judgment passed in C.S.Nos.208 of 1927 and 89 of 1928 as also the proceedings of the Commissioner of HR & CE Department, dated 30.03.2007, wherein it has been clarified that only the properties that are the subject matter of the proceedings before the Court alone would constitute a religious endowment attached to the Mutt and in respect of all other properties, the Board of Commissioner, HR & CE has no jurisdiction and pass appropriate orders for registering the document presented by the petitioner. The said exercise shall be completed within a period of three weeks. However, there shall be no order as to costs." 2/4

Though in paragraph no.7 it has been mentioned that a perusal of the schedule to the decree shows that the petition mentioned property was not included in the same, it should be taken only as a prima facie observation. The authorities will have to act in terms of the direction set out in the paragraph no.8 of the order of the learned single Judge. We do not find any merit in this Writ Appeal. 3.This Writ Appeal stands dismissed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. [G.R.S., J.] [K.R.S., J.] 25.07.2025 NCC : Yes / No Internet : Yes / No Index MGA 3/4

G.R.SWAMINATHAN, J and K.RAJASEKAR, J.

MGA 25.07.2025 4/4