Arumugasamy v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

1. Arumugasamy

2. Pitchaidurai ... Petitioners Vs.

1. The District Registrar, Tenkasi District.

Tenkasi.

2. The Sub Registrar, Sankarankovil, Tenkasi District.

3. The Executive Officer, Arulmigu Sankaranarayana Swamy Temple, 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 relating to the impugned check slip having Refusal Number RFL/Sankarankovil/90/2025 dated 28.05.2025, issued by the second respondent and quash the same and also seeking to register sale deed dated 26.05.2025 relating to the land in Survey no.997/4 measuring to an extent of 0.14.0 Hectare, Survey No.997/5 measuring to an extent of 0.18.0 Hectare, Survey No.997/6 1/4

measuring to an extent of 0.74.0 Hectare, Survey No.996/2 measuring to an extent of 1.09. Acre, South Sankarankovil, Tenkasi District. For Petitioners : Mr.V.Sukumar For R-1 & R-2 : Mr.D.Sasikumar Additional Government Pleader For R-3 : Mr.S.Manohar

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the refusal check slip dated dated 28.05.2025 and consequently, to direct the second respondent to register the sale deed dated 26.05.2025.

2. The contention of the petitioners is that the petitioners intended to purchase the above said property. 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.

3. In view of the above, the impugned order is set aside. The official respondents are directed to issue notice to the petitioners as well as the temple and 2/4

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.

18.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The District Registrar, Tenkasi District.

Tenkasi.

2. The Sub Registrar, Sankaran Kovil, Tenkasi District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 18.06.2025 4/4