Santhana Gopalan Ns v. The Sub-Registrar
S. SRIMATHY, J.
These cases are listed under the caption "For Being Mentioned". 2.This Court has already passed a common order dated 29.07.2025. This Court is inclined to pass the orders as separate orders. The order in W.P(MD)No.16074 of 2025, dated 29.07.2025 shall be as under:
"BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.16074 of 2025 N.S.Santhana Gopalan ... Petitioner Vs
1. The Sub-Registrar, Srirangam Sub-Registrar Office, Srirangam, Trichy - 620 006.
2. Sriranganathaswamy Temple, Represented by its Executive Officer / Joint Commissioner, Srirangam, Trichy - 620 006.
... 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 comprised in RFL/Srirangam/61/2025 dated 09.05.2025 on the 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 sale deed dated 09.05.2025 in TP/219130983/2025 presented by the petitioner. For Petitioner : Mr.K.Prabhakar For R-1 : Mr.S.Saji Bino Special Government Pleader For R-2 : Mr.M.Saravanan
ORDER
This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned refusal check slip dated 09.05.2025 on the file of the first respondent and consequently direct the first respondent to register the sale deed dated 09.05.2025 presented by the petitioner.
2. In the impugned order, the respondents have stated that the land belongs to the temple, namely, Sri Renganatha Swami Temple, therefore, the
same cannot be registered.
3. The learned Counsel appearing for the petitioner submitted that a similar issue had been considered by this Court in W.P.(MD)No.6060 of 2025, dated 12.03.20205, wherein, it has been held that originally the land belonged to some individual namely Annan Srirengachariar who was granted patta. The relevant portion is extracted hereunder:
"11. I have carefully considered the submissions of all sides and perused the records.
12. The Settlement Tahsidar - III, Trichy had suo motu taken up an enquiry under the provision of the Tamil Nadu Act, 30/1967. The enquiry was held on 10.04.1970. The claimant before the Settlement Tahsildar was Annan Srirengachariar. He has come to the conclusion that the grant over the property situated in T.S.No.1099 to an extent of 4.31 acres was a personal inam granted to Kovil Kandadai Vedula Desiga Annangar Annan Srirengachariar. On account of the notification issued under the Act, 30/63, from the appointed date, the inam stand was abolished, and the title vests with the Government by virtue of Act, 30/63. The Settlement Tahsildar was empowered by the Act to grant patta to persons who are entitled to receive the same under the Act. It was an exercise of the power that the Settlement Tahsildar had granted patta for the said property to Annan Srirengachariar S/o Annan Varadachariar under Section 13 of Act 30/63.
13. The grant of patta under the Inam Abolition Act does not mean that the preexisting title of the temple, if it had any, is taken away. The temple always had the option of filing a suit for declaration of its title against the pattadhar in person, claiming under Rule before the jurisdictional civil court. Till date the temple has not chosen to do so. Annan Srirengachariar, having benefited with the patta, has alienated the property in favour of one Virudachalam and his wife and son. Thereafter, the said Virudachalam has developed the property into an apartment complex. The petitioner is the purchaser of one such apartment.
14. The reliance placed upon by Mr.M.Saravanan of the "A" Register maintained by the Revenue Department does not carry his case after the order of the Settlement Tahsildar - III, Trichy. The said "A" Register maintained for the village is also misplaced. As rightly contended by Mr.Raguvaran Gopalan insofar as T.S. No. 1099 is concerned, it shows that the "A" Register reflects that the pattadhar/inamdar is Kovil Kandadai Vedula Desiga Annangar. "A" Register reveals that only the property covered under T.D. No. 1027 belongs to the second respondent. The T.D. No. 1099 as
found by the Settlement Tahsildar is a personal inam in favour of the aforesaid person. The property has been initially dealt with by Kovil Kandadai Vedula Desiga Annangar and thereafter, Virudachalam, and finally by the writ petitioner.
15. Furthermore, as rightly submitted by Mr.Raguvaran Gopalan, perusal of the objection submitted by the Executive Officer of the second respondent temple shows that he had claimed the right over the property covered under T.D. No. 1027 alone. He had not claimed any right over the property covered under T.D. No. 1099. Therefore, the first respondent had misapplied himself to the objection that had been made by the second respondent and had refused the registration of the document by the impugned order.
16. In the light of the above discussion, this writ petition is to succeed. This writ petition is allowed. The impugned order in Na.Ka. 583-2/2025 dated 13.02.2025 on file of the first respondent is quashed. There shall be a direction to the first respondent to register the settlement deed dated 29.11.2024 in TP/202378908/ 2024 within a period of two weeks from the date of uploading of this order. No costs."
4. In the present case, as the property / properties are covered under T.D.No.1099, hence the aforesaid order passed in W.P.(MD)No.6060 of 2025 is applicable to the present case. Hence, the impugned order is quashed. The official respondents are directed to register the documents at the earliest.
5. With the above said directions, these Writ Petition is allowed. There shall be no order as to costs.
29.07.2025 NCC : Yes / No Index : Yes / No Internet: Yes jbr
To:
1. The Sub-Registrar, Srirangam Sub-Registrar Office, Srirangam, Trichy - 620 006.
2. Sriranganathaswamy Temple, Represented by its Executive Officer / Joint Commissioner, Srirangam, Trichy - 620 006.
S.SRIMATHY, J.
jbr ORDER MADE IN W.P(MD)Nos.16274 & 16074 of 2025 DATED : 29.07.2025"
3. The order in W.P(MD)No.16274 of 2025, dated 29.07.2025 shall be as under:
"BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 29.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD)No.16274 of 2025 R.Anirudh Rengaraajan ... Petitioner Vs
1. The Special Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 14.
2. The Joint Commissioner, Sri Renganatha Swami Temple, Hindu Religious and Charitable Endowment Department, Srirangam,Trichy.
3. The Sub Registrar, Sub Registrar Officer, Srirangam.
... 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 relating to the impugned Refusal Check Slip in RFL/Srirangam/66/2025 and Refusal order in Na.Ka. No.29-61/2025 dated 23.05.2025 and quash the same as illegal and consequently direct the third respondent to register the sale deed or settlement deeds or any other documents when it presented for registration by the petitioner with respect to the property bearing Survey No.
1801/1 (Old), TS No.2741 (New), Municipal old ward No.02, New Ward - B, Block - 62, at measuring total an extent of 4804 square feet and in which 600.5 square feet of undivided 1/8th share in land for residential flat constructed bearing Flat No.G2 and its having a super plinth area of 1020 square feet in ground floor known as "Sri Hari Floats" with all usual pathway and easement rights thereto,which is situated at South Devi Street, Vellithirumutham Village, Srirangal Taluk, Trichirappalli District, without insisting No Objection Certificate from the respondents 1 and 2.
For Petitioner : Mr.K.Mahendran For R-1 : Mr.S.S.Madhavan Additional Government Pleader For R-2 : Mr.M.Saravanan For R-3 : Mr.G.Suriya Ananth Additional Government Pleader
ORDER
This Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned refusal check slip dated 23.05.2025 and consequently direct the third respondent to register the sale deed or settlement deeds or any other documents when it presented for registration by the petitioner.
2. In the impugned order, the respondents have stated that the land belongs to the temple, namely, Sri Renganatha Swami Temple, therefore, the
same cannot be registered.
3. The learned Counsel appearing for the petitioners submitted that a similar issue had been considered by this Court in W.P.(MD)No.1464 of 2020, dated 12.02.2020, wherein, it has been held that originally the land belonged to the Sri Renganatha Swami Temple. Subsequently, the Government has acquired the land which is covered by title deeds in T.D.No.1029 and 1027. It was further held that where the lands have been acquired by the Government, the temple cannot reclaim any rights over the land. Therefore, the writ petition was allowed, quashing the impugned order and directed the respondent to register the property. The said order was put to challenge in W.A.(MD)SR.No.13637 of 2020 and the Honourable Division Bench, vide order, dated 13.03.2020, dismissed the appeal by confirming the order passed by the learned Single Judge.
Aggrieved over the same, a review application in Rev.Aplc.(MD)No.41 of 2021 was filed which was also considered and the same was dismissed, vide order, dated 19.06.2023. Thereafter, similar orders have been passed by the learned Single Judge in W.P(MD)Nos.30080 of 2023 batch, dated 27.03.2024 and W.P(MD)No.9136 of 2024, dated 23.07.2024. Therefore, the issue now settled that wherever the temple property has been acquired by the Government, the temple cannot reclaim such property since the temple has received the compensation.
4. In the present case, as the property / properties are covered under the acquired lands, the temple has no right over the subject properties. Hence, the impugned order is quashed. The official respondents are directed to register the documents at the earliest.
5. With the above said directions, these Writ Petition is allowed. There shall be no order as to costs.
29.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:
1. The Special Commissioner, Hindu Religious and Charitable Endowment Department, Chennai - 14.
2. The Joint Commissioner, Sri Renganatha Swami Temple, Hindu Religious and Charitable Endowment Department, Srirangam,Trichy.
3. The Sub Registrar, Sub Registrar Officer, Srirangam.
S.SRIMATHY , J.
jbr ORDER MADE IN W.P(MD)No.16274 of 2025 DATED : 29.07.2025"
4. The Registry is directed to carry out necessary corrections and issue fresh order copies to the parties.
12.11.2025 jbr