G.Muthuraman v. The Sub Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 24.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY G.Muthuraman ... Petitioner Vs.
The Sub Registrar Office of Sub Registrar, Chettikulam, 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 with a refusal check slip by the respondent made in RFL/Chettikulam (Madurai North)/97/2025 dated 09.07.2025 and to quash the same as it is arbitrary and illegal and in consequence to direct him to register the settlement deed dated 08.07.2025 relates to petitioner's property bearing Plot No.283 in K.P.Garden, now comprised in R.S.No.43/29, within a time to be fixed by this Court . For Petitioner : Mr.R.Suriya Narayanan For Respondent : Mr.S.Saji Bino Special Government Pleader 1/4
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the refusal check slip dated 09.07.2025 and to direct him to register the settlement deed dated 08.07.2025 relates to petitioner's property bearing Plot No.283 in K.P.Garden, now comprised in R.S.No.43/29, within a time to be fixed by this Court.
2.Through the impugned order, the respondent has refused to register stating that there is an objection from the Assistant commissioner of HR and CE Department, vide, Na.Ka.Nos.2104/2021/1Aa1 and 2104/2021-1Aa1, dated 11.01.2022, claiming that the Survey No.43/5 belongs to the Temple. 3.The learned Counsel appearing for the petitioner drew the attention of this Court by relying on the order passed by the Special Tahsildar (Temple), dated 23.01.2024, wherein it has been stated that after scrutiny of the records, it is seen that the said (*)Survey No.43/6 does not belong to the Temple. Even if it is so, the Temple ought to have been served with notice and thereafter, the order ought to have been passed.
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4.Therefore, the respondent is directed to issue notice to the petitioner as well as to the temple which is claiming right over the property. Thereafter, the respondent shall conduct an enquiry and pass orders in the light of order passed by the Special Tahsildar (Temple), dated 23.01.2024. The said exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.
5.With the above observations, this Writ Petition is allowed. There shall be no order as to costs.
Sd/- 24/07/2025 (*)Corrected as per order of this Court dated 09/09/2025 made in WP(MD)No. 20313 of 2025 Sd/- Assistant Registrar (W) // True Copy // /09/2025 Sub Assistant Registrar(CS) 3/4
Tmg To The Sub Registrar, Office of Sub Registrar, Chettikulam, Madurai North, Madurai District.
+1 CC to M/s.R. SURIYA NARAYANAN, Advocate ( SR-45957[F] dated 24/07/2025 ) +1 CC to M/s.SPL GP ( SR-46084[F] dated 25/07/2025 ) DATED : 24.07.2025 TS (09/09/2025) 4P/4C Madurai Bench of Madras High Court is issuing certified copies in this format from 17.07.2023.
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