A.Ebenezer v. The District Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 09.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD).No.16544 of 2025 and W.M.P(MD)No.12571 of 2025 A.Ebenezer ... Petitioner -vs1. The District Registrar, The District Registration Office, Nagercoil, Kanyakumari District.

2. The Sub-Registrar, Sub-Registration Office, Eraniel, Kanyakumari District.

... Respondents Prayer: Writ Petition filed under Article 226 of Constitution of India, for issuance of a Writ of Certiorarified Mandamus to call for the records on the files of the 2nd respondents pertaining to its impugned refusal check slip Number:RFL/Eraniel/33/2025 dated 19.03.2025 and his consequential impugned order in Na.Ka.No.155/2025 dated 19.03.2025 and the consequential order passed by the 1st respondent bearing No.2124/A1/2025 dated 26.03.2025 and to quash the same and consequently direct the respondents to register the amalgamation deed presented by me on 18.03.2025.

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For Petitioner : Mr.S.C.Herold Singh For Respondents : Mr.S.Saji Bino Special Government Pleader

ORDER

The present writ petition has been filed for a Certiorarified Mandamus to call for the records on the files of the 2nd respondents pertaining to its impugned refusal check slip Number:RFL/Eraniel/33/2025 dated 19.03.2025 and his consequential impugned order in Na.Ka.No. 155/2025 dated 19.03.2025 and the consequential order passed by the 1st respondent bearing No.2124/A1/2025 dated 26.03.2025 and to quash the same and consequently direct the respondents to register the amalgamation deed presented by me on 18.03.2025.

2. Through the impugned order, the respondents have refused to register by directing the petitioner to approach the appropriate Civil Court otherwise approach the High Court and obtain an order. 2/6

3. The contention of the petitioner is that the petitioner is the Managing Trustee of the Dalit Christians Educational and Development Trust, Thuckalay. He claims that the present Trust is a Private Trust. The 1st respondent is alleging the same as a Public Trust.

4. The learned counsel appearing for the petitioner submitted that the respondents without referring to the documents submitted by the petitioner, has passed the order. Aggrieved by the same, the petitioner is before this Court to set aside the impugned order.

5. The learned Special Government Pleader appearing for the respondents has filed a counter affidavit stating that the petitioner cannot make amendment in the earlier document without prior permission of the Commissioner of Income Tax. The petitioner submitted the earlier documents were incorrect and the other documents would substantiate his claim.

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6. Considering the facts and circumstances, the petitioner is directed to appear before the authorities and file all the documents to substantiate his claim. On such submission being made, the respondent shall consider the same and pass orders in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order. The present impugned order is quashed.

7. The writ petition stands disposed of with the above observations. No costs. Consequently, connected miscellaneous petition is closed. 09.07.2025 NCC :yes/No Index :yes/No Internet:yes/No rgm 4/6

To

1. The District Registrar, The District Registration Office, Nagercoil, Kanyakumari District.

2. The Sub-Registrar, Sub-Registration Office, Eraniel, Kanyakumari District.

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S.SRIMATHY, J.

rgm W.P(MD).No.16544 of 2025 and W.M.P(MD)No.12571 of 2025 09.07.2025 6/6