Sivagnanarama Pandian v. The Sub Registrar,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Sivagnanarama Pandian ... Petitioner Vs 1.The Sub Registrar, Office of the Sub Registrar Office, Sankarankovil, Tenkasi District.

2.The Executive Officer, Arulmigu Sangara Narayana 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 pertaining to the impugned refusal check slip in Refusal No.RFL/Sankarankovil/97/2025, dated 12.06.2025 and quash the same consequently direct the first respondent to register the document without insisting the NOC from the second respondent and insisting other additional documents within the time that may be stipulated by this Court. 1/4

For Petitioner : Mr.K.Yasar Arafath For Respondents : Mr.S.Saji Bino (for R1) Special Government Pleader Mr.S.Manohar (for R2)

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the impugned refusal check slip in Refusal No.RFL/Sankarankovil/97/2025, dated 12.06.2025 and quash the same and consequently to direct the first respondent to register the document without insisting the NOC from the second respondent and insisting other additional documents.

2.The contention of the petitioner is that the land in question originally belonged to the petitioner's father, namely, Chinnasamy. Thereafter, the petitioner and his mother became Class-I legal heirs of the said Chinnasamy. Subsequently, the petitioner's mother attempted to execute a settlement deed in favour of the petitioner. However, the first respondent refused to register the document on the ground that the subject survey number is classified as HR & CE land, and that the name of the petitioner's grandfather does not appear in the patta. Hence, the present petition has been filed.

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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 first respondent is directed to conduct an enquiry and pass orders in accordance to law. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs.

04.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes Vsg To 1.The Sub Registrar, Office of the Sub Registrar Office, Sankarankovil, Tenkasi District.

2.The Executive Officer, Arulmigu Sangara Narayana Swamy Temple, Sankarankovil, Tenkasi District.

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S.SRIMATHY , J.

Vsg ORDER MADE IN DATED : 04.07.2025 4/4