Madras High CourtWP(MD)/16521/2025disposed of

Subburaj v. The Sub Registrar

2025-06-19Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 19.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Subburaj ... Petitioner Vs.

1. The Sub Registrar, Sankaran Kovil Sub Registrar Office, Tenkasi District.

2. The Executive Officer, Hindu Religious and Charitable Endowments Department, Arulmigu Sankaranarayana Swamy Temple, Sankaran Kovil, 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 refusal Slip No.RFL/Sankarankovil/93/2025, dated 02.06.2025 passed by the 1st respondent and to quash the same as illegal and consequently, to direct the 1st respondent to register the Memorandum Confirming the Extension of the Existing Equitable Mortgage produced by the petitioner on 02.06.2025 within stipulated time frame fixed by this Court. For Petitioner : Mr.M.Prabhu For For R1 : Mr.S.Kameswaran Government Advocate For R2 : Mr.S.Manohar 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned refusal Slip No.RFL/Sankarankovil/93/2025, dated 02.06.2025, passed by the 1st respondent and consequently, to direct the 1st respondent to register the Memorandum Confirming the Extension of the Existing Equitable Mortgage produced by the petitioner on 02.06.2025 within stipulated time frame fixed by this Court. 2.The contention of the petitioner is that the land belongs to his grand mother. However, the 2nd respondent is claiming title over the property, since the land belongs to the temple and the petitioner's grand mother was holding the land under Inam.

3.When it is a temple land, the 1st respondent is bound to conduct enquiry by calling the petitioner as well as temple and then pass orders as per the order passed in the case of Sudha Ravi Kumar and Another Vs. The Special Commissioner and Others in W.P.Nos.30589 of 2013 and batch, dated 05.04.2017.

4.Therefore, the respondents are directed to conduct an enquiry and pass orders in accordance to law.

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5.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

19.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To The Sub Registrar, Sankaran Kovil Sub Registrar Office, Tenkasi District.

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S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 19.06.2025 4/4