Salman Fahad v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 19.06.2026

CORAM

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.(MD)No.12623 of 2026 Salman Fahad .. Petitioner - Vs. - 1.The Sub Registrar, Chinnalapatti Registrar Office, Chinnalapatti, Dindigul District.

2.The Executive Officer, Arulmigu Aa.Ma.Gopi Narasimma Perumal Temple, Nilakottai, Dindigul District.

.. Respondents Prayer: Writ Petition is filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the impugned refusal check slip in Refusal No.RFL/Chinnalapatti/48/2026 dated 11.06.2026 passed by the respondent quash the same and consequently direct the first respondent to register the sale deed presented by the petitioner dated 05.06.2026. For Petitioner : Mr.Veerakathiravan Senior Advocate for Mr.F.Deepak 1/6

For Respondents : Ms.P.Sudarkodi Nachiar Government Standing Counsel

ORDER

The writ petition is filed challenging the impugned refusal check slip dated 11.06.2026.

2. When the petitioner presented a sale deed dated 05.06.2026 for registration, the same was refused by the impugned proceedings. The impugned proceedings deals with the objection made on behalf of the temple in detail and refuse registration. The law in this regard has already been settled by the Hon'ble Division Bench of this Court in Sudha Ravi Kumar and another vs. The Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department, Chennai and others reported in (2017) 3 CTC 135. In paragraph 25, it has been held that whenever a claim is made that the property belongs to the temple or any other claim is made under Section 22, the Hon'ble Division Bench of this Court has already held that the same will not be automatically binding on the parties. However, it directed the Sub Registrar to conduct an enquiry to prima facie come to a conclusion and thereafter decide the matter. The directions issued by the Hon'ble Division Bench of this Court in paragraph 25 are extracted hereunder for ready reference:

2/6

"25.In view of the above discussions, all the writ petitions are allowed and the impugned orders are set aside with the following directions:

(i) The registering authority before whom the document has been presented shall cause service of notice on the parties to the deeds and also to the objector / religious institution, hold summary enquiry, hear the parties and then either register or refuse to register the document by passing an order having regard to the relevant facts as indicated above.

(ii) If the registering authority, refuses to register any document by accepting the objections raised under Section 22-A of the Registration Act, the aggrieved may file a statutory appeal under the Act.

(iii) If the objections raised under Section 22-A of the Act by the religious institution are rejected and the document is registered, the remedy for the religious institution is to either approach this Court by way of a writ petition seeking cancellation of the registration or for any other relief or to approach the civil Court for declaration of the title and for other consequential reliefs.

(iv) If the registering authority refuses to register the document acting on the objections raised by a religious institution under Section 22-A of the Registration Act, the parties to the deed will be at liberty to straightaway approach the Civil Court for declaration of title and other relief without availing the opportunity for filing a statutory appeal.

3/6

(v) We further direct that if the deed has already been registered without there being any objection by the religious institution under Section 22-A of the Act, the document shall be returned to the parties concerned leaving it open for the religious institution to approach either the High Court under Article 226 of the Constitution of India or the Civil Court for appropriate relief as indicated above. At any rate, the registering authority shall not withhold the deed which has already been registered.

(vi) Consequently the connected miscellaneous petitions are closed. No costs.

3. In view thereof, this writ petition is allowed on the following terms:

i. The impugned refusal check slip dated 11.06.2026 shall stand set aside;

ii. Within three weeks from the date of receipt of a web copy of this order, the petitioner shall represent the document; iii. Upon such representation, the Sub Registrar shall conduct an enquiry as directed by the Hon'ble Division Bench of this Court which is extracted supra and pass orders afresh in accordance with law;

iv. The aforesaid exercise shall be completed within a 4/6

period of two months from the date of receipt of the representation of the document by the petitioner. v. No costs. Consequently, connected miscellaneous petition is closed.

19.06.2026 sji NCC: Yes/No To 1.The Sub Registrar, Chinnalapatti Registrar Office, Chinnalapatti, Dindigul District.

2.The Executive Officer, Arulmigu Aa.Ma.Gopi Narasimma Perumal Temple, Nilakottai, Dindigul District.

D.BHARATHA CHAKRAVARTHY, J.

sji 5/6

19.06.2026 6/6