A.Vasanthi v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY A.Vasanthi ... Petitioner vs.

The Sub-Registrar Sub Registrar Office, Melakarur, Karur District.

... Respondent 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 impugned Refusal Check Slip in Refusal No.:RFL/Melakarur/43/2025 dated 03.04.2025 passed by the respondent herein and quash the same as illegal and further directing the respondent herein by accepting the stamp duty as per the value of the decree in O.S.No.120 of 2004 on the file of the learned District Court, Karur, and register the sale deed dated 03.04.205 and release the same pertaining to S.Nos.588 and 593 to an extent of Acre 0.93 Cents out of 16.00 Acres in Athur Village, Karur Taluk now Manmangalam Taluk and Karur District, within a time stipulated by this Court.

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For Petitioner : Mr.Raghuvaran Gopalan For Respondent : Mr.S.Sajibino Special Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the check slip dated 03.04.2025 and consequently, to direct the respondent to register the sale deed dated 03.04.205.

2. The contention of the petitioner is that the land belongs to them. However, the temple, namely Arulmighyu Vennaimalai Balasubramaniya Swamy Thiru Kovil, 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.

3. In view of the above, the impugned order is set aside. The respondent is 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 2/4

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 To:

The Sub-Registrar Sub Registrar Office, Melakarur, Karur District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 10.06.2025 4/4