Ayyadurai v. The Sub Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY Ayyadurai ... Petitioner vs.
1. The Sub-Registrar Sub Registrar Office, Sankarankovi, Tenkasi District.
2. Arulmigu Snakaranarayanaswamy Temple, Rep. By the Assistant Commissioner / Executive Officer, Sankarankovil, Tenkasi District.
3. The Branch Manager, State Bank of India, Sankarankovil Branch, Sankarankovil, Tenkasi District.
... 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 first respondent in connection with the impugned Refusal Check Slip in Refusal No:RFL/Sankarankovil/85/2025 dated 20.05.2025 and to quash the same and consequently direct the first respondent to accept the document regarding 1/4
cancellation of mortgage (deposit of title deeds) presented by the third respondent in so far as the property in Natham S.No.633/1, situated in Kalappakulam, Sankarankovil Taluk, Tenkasi District.
For Petitioner : Mr.C.Rathna Vel Pandian For R-1 : Mr.S.Saji Bino Special Government Pleader For R-2 : Mr.V.R.Shanmuganathan For R-3 : Mr.V.P.Rajan
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the check slip dated dated 20.05.2025 and consequently, to direct the first respondent to accept the document regarding cancellation of mortgage (deposit of title deeds) presented by the third respondent.
2. The contention of the petitioner is that the land belongs to them. However, the temple, namely Arulmigu Sankaranarayanaswamy Temple, is claiming right over the said property. He further submits that the impugned order was passed without conducting a proper enquiry as contemplated under Section 22-A of the Registration Act.
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3. In view of the above, the impugned order is set aside. The respondents are directed to issue notice to the petitioner as well as the temple and conduct an enquiry as per the judgment rendered in Sudha Ravi Kumar and another Vs. Special Commissioner and Commissioner, Hindu Religious and Charitable Endowment Department, Chennai, reported in 2017 (3) CTC 135 (DB). The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.
4. With the above said direction, this Writ Petition is allowed. There shall be no order as to costs.
10.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 3/4
S.SRIMATHY , J.
jbr To:
1. The Sub-Registrar Sub Registrar Office, Sankarankovi, Tenkasi District.
2. Arulmigu Snakaranarayanaswamy Temple, Rep. By the Assistant Commissioner / Executive Officer, Sankarankovil, Tenkasi District.
3. The Branch Manager, State Bank of India, Sankarankovil Branch, Sankarankovil, Tenkasi District.
ORDER MADE IN DATED : 10.06.2025 4/4