Karmegam J v. The Sub Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY J.Karmegam ... Petitioner Vs 1.The Sub Registrar, Paramakudi Sub Registrar Office, Registration Department, Paramakudi, Ramanathapuram District.
2.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Sivagangai, Sivagangai District.
3.The Tahsildar, O/o.Ilayankudi Taluk Office, Ilayankudi, Sivagangai District.
4.The Assistant Commissioner, O/o.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Ramanathapuram, Ramanathapuram District.
5.The Executive Officer, Arulmigu Emaneswaramudaiyar Temple, Emaneswaram, Paramakudi Taluk, Ramanathapuram District. ... Respondents 1/6
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 check slip in Refusal No.RFL/Paramakudi/45/2025, dated 11.06.2025 passed by the first respondent and quash the same as illegal, consequently to direct the first respondent to register the sale deed dated 11.06.2025 presented by the petitioner. For Petitioner : Mr.C.Jaganathan for M/S.A.Abdulkabur For Respondents : Mr.S.Saji Bino (for R1 to R3) Special Government Pleader Mr.S.S.Madhavan (for R4 & R5) Additional Government Pleader
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned refusal check slip in Refusal No.RFL/Paramakudi/45/2025, dated 11.06.2025 passed by the first respondent and quash the same as illegal, consequently to direct the first respondent to register the sale deed dated 11.06.2025 presented by the petitioner. 2/6
2.The contention of the petitioner is that the subject land in S.No.144/1A measuring to an extent of 2400 sq.ft, situated at Perumpatcheri Revenue Village, Ilayankudi Taluk, Sivagangai District, originally belonged to one A.Kumaresan s/o. Arumugam. Thereafter, the petitioner purchased the disputed land from the said A.Kumaresan vide document No.2839/2023 and he has also obtained patta in No.4183. Thereafter, the petitioner is peaceful possession and enjoyment of the property. The petitioner in order to meet out his family expenditure, decided to sell the above said property, for which, he entered into sale agreement on 11.06.2025 and presented the same before the first respondent for registration. However, the first respondent refused to register and issued an impugned refusal check slip stating that the subject land in survey No.
144/1A is standing in the name of the fifth respondent/temple. Hence, the present petition has been filed. 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.
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4.Therefore, the respondents 1 to 3 are 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 4/6
To 1.The Sub Registrar, Paramakudi Sub Registrar Office, Registration Department, Paramakudi, Ramanathapuram District.
2.The Revenue Divisional Officer, O/o.Revenue Divisional Officer, Sivagangai, Sivagangai District.
3.The Tahsildar, O/o.Ilayankudi Taluk Office, Ilayankudi, Sivagangai District.
4.The Assistant Commissioner, O/o.The Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Ramanathapuram, Ramanathapuram District.
5.The Executive Officer, Arulmigu Emaneswaramudaiyar Temple, Emaneswaram, Paramakudi Taluk, Ramanathapuram District.
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S.SRIMATHY , J.
Vsg ORDER MADE IN DATED : 04.07.2025 6/6