K.Manivannan v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.06.2025

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD)No.11615 of 2025 K.Manivannan ... Petitioner Vs.

1.The Sub-Registrar, Joint Sub-Registrar Office - I, Karur.

2.Arulmigu Thirukanmaleeswarar Temple, Rep. by its Executive Officer/Joint Commissioner Krishnarayapuram Taluk, Karur District - 639 102.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records comprised in RFL/1 Joint Sub Registrar Karur/19/2025 dated 24.04.2025 on file of the first respondent and quash the same as being arbitrary, illegal and contrary to the provisions of the Registration Act, 1908 and rules thereunder and consequently direct the first respondent to register the settlement deed dated 24.04.2025 in TP/217520538/2025. 1/4

For Petitioner : Mr.K.Prabhakar For R1 : Mr.S.Saji Bino Special Government Pleader For R2 : Mr.Aathimoolapandiyan

ORDER

This present writ petition is filed for a writ of certiorarified Mandamus to quash the impugned refusal check slip, dated 24.04.2025 and consequently, direct the first respondent to register the settlement deed, dated 24.04.2025.

2. The petitioner, who is the owner of the property intends to execute a settlement deed in favour of his wife. But the respondents refused to register the same citing the objections submitted by the second respondent. The second respondent being a temple claims right over the property. As per Sudha Ravi Kumar and others Vs.The Special Commissioner, HR&CE Department, Chennai and others reported in 2017 (3) CTC 135, the first respondent is supposed to conduct summary enquiry by calling upon the petitioner as well as the objector. Without conducting such enquiry, the impugned refusal check slip was issued. Therefore, this Court is inclined to set aside the impugned refusal check slip, dated 24.04.2025. 2/4

3. Accordingly, the impugned refusal check slip, dated 24.04.2025 is quashed and the first respondent is directed to issue notice to the petitioner as well as to the second respondent and thereafter, conduct enquiry and pass appropriate orders as per law. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

4. The writ petition stands allowed. No costs. Consequently, the connected miscellaneous petition is closed.

05.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes / No sn To 1.The Sub-Registrar, Joint Sub-Registrar Office - I, Karur.

2.Arulmigu Thirukanmaleeswarar Temple, Rep. by its Executive Officer/Joint Commissioner Krishnarayapuram Taluk, Karur District - 639 102.

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S.SRIMATHY, J.

sn W.P(MD).No.15367 of 2025 05.06.2025 4/4