Vadivelu K v. The Sub Registrar Joint - I

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 26.06.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No.13183 of 2025 K.Vadivelu ... Petitioner Vs The Sub Registrar Joint - I, Madurai North, Madurai District.

... Respondent 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 impugned order passed by the respondent through proceedings in P/Sub Registrar Joint - I Madurai North/20/2025 dated 29.04.2025 and to quash the same and further directing the respondent to release the settlement deed dated 29.04.2025 forthwith.

For Petitioner : Mr.C.M.Mari Chelliah Prabhu For Respondent : Mr.D.Sasikumar Additional Government Pleader 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order dated 29.04.2025 and consequently, to direct the respondent to release the settlement deed dated 29.04.2025 forthwith.

2. It is the case of the petitioner that he has purchased the subject property and when he presented the said document for registration, the same was refused to be registered, citing the objection letter given by the temple, namely, Arulmigu Kalamega Perumal Thirukkovil, Thirumohur, holding that the subject property belongs to them. Hence, the present Writ Petition has been filed.

3. The learned Counsel appearing for the petitioner submitted that certain individuals had filed a batch of writ petitions in W.P.(MD)Nos.18664 to 18670 of 2022, seeking a Writ of Mandamus to direct the respondent to register the sale deed with regard to house plots comprised in S.Nos.49/1A and 49/1B. The said writ petitions were allowed and the respondents are directed to register the sale deed. Aggrieved over the said order, the temple preferred appeals in W.A(MD)No. 2171 to 2177 of 2024. The Hon'ble Division Bench dismissed the appeals by directing that the temple has to establish its title before the civil court. 2/4

4. In view of the above, this Court is directing the respondent to release the settlement deed dated 29.04.2025, within a period of two (2) weeks from the date of receipt of a copy of this order. If the temple is able to establish its title before the competent civil court, it is always open to the temple to retrieve the possession under the provisions of the Tamil Nadu Hindu Religious and Charitable Endowment Act, 1959.

5. With the above said directions, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed. 26.06.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

The Sub Registrar Joint - I, Madurai North, Madurai District.

3/4

S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 26.06.2025 4/4