Vibin Subramani v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Vibin Subramani ... Petitioner Vs.

1. The Sub-Registrar, Kanniyakumari Joint-1, Nagarcoil Saragam, Near PWD Office, Nagercoil - 629 001.

2. The Assistant Commissioner, HR and CE, Mettutheru, Vadiveesvaram, Nagarcoil - 629 002.

3. The Tahsildar, Agasteeswaram Taluk, Meenakshipuram, Vadiveeswaram Village, Kottar, Nagercoil - 629 001.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the first respondent - The Sub-Registrar, Kanyakumari Joint-1, Nagercoil, to register the Power of Attorney dated 20.05.2025 or any other document including sale deed pertaining to the petitioner's property in Survey No.17/9, measuring 0.22.5 Ares (55.575 cents) of 1/5

Nanjai Land situated in Therekalputhoor Village, Agasteeswaram Taluk, Kanniyakumari District, without insisting on a No Objection Certificate from the HR and CE Department.

For Petitioner : Mr. G.Vairavasubramanian For R-1 & 3 : Mr.D.Sasikumars Additional Government Pleader For R-2 : Mr.S.S.Madhavan

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, directing the first respondent to register the Power of Attorney dated 20.05.2025 or any other document including sale deed pertaining to the petitioner's property, without insisting on a No Objection Certificate from the HR and CE Department.

2. The contention of the respondents is that the said property belongs to Esaki Mutharamman Temple.

3. According to the petitioner, even though the said land originally belonged to the temple, the Trustee had sold the property to him. The petitioner now intends to sell the said property. Therefore, he executed a Power of Attorney 2/5

which has to be registered.

4. Since the said property is temple property, the official respondents are directed to conduct an enquiry, after issuing notice to petitioner, the second respondent and the temple, 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) and pass appropriate orders, within a period of eight (8) weeks from the date of receipt of a copy of this order.

5. With the above said direction, this Writ Petition is disposed of. No costs. 17.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 3/5

To:

1. The Sub-Registrar, Kanniyakumari Joint-1, Nagarcoil Saragam, Near PWD Office, Nagercoil - 629 001.

2. The Assistant Commissioner, HR and CE, Mettutheru, Vadiveesvaram, Nagarcoil - 629 002.

3. The Tahsildar, Agasteeswaram Taluk, Meenakshipuram, Vadiveeswaram Village, Kottar, Nagercoil - 629 001.

4/5

S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 17.06.2025 5/5