S. Ravichandran v. The Sub Registrar

1 W.P.(MD)NO.19291 OF 2015 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 28.07.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.19291 of 2015 AND M.P.(MD)Nos.1 & 2 of 2015 S.Ravichandran ... Petitioner Vs.

1. The Sub Registrar, Thirupparankundram, Madurai District.

2. The Deputy Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.

(R-2 is impleaded vide order dated 16.12.2015 in M.P.(MD)No.3 of 2015) ... Respondents Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order dated 06.10.2015 made in No.155 of 2015 passed by the respondent and quash the same and further direct the respondent to register the document dated 06.10.2015 forthwith.

For Petitioner : No appearance For R-1 : Mr.N.Satheesh Kumar, Additional Government Pleader.

For R-2 : Mr.R.Ragavendran, Government Advocate.

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2 W.P.(MD)NO.19291 OF 2015

O R D E R

None appears for the writ petitioner. The petitioner's name has been printed in the cause list.

2. Heard the learned Additional Government Pleader appearing for the first respondent and the learned Government Advocate appearing for the second respondent.

3. I went through the materials on record.

4. Since the petitioner presented a document for registration before the Sub Registrar, Thirupparankundram, it was returned vide refusal check slip dated 06.10.2015 stating that the property belongs to Thirupparankundram Arulmighu Subramaniya Swamy temple and the petitioner can re-present the document after getting NOC from the temple authorities. Challenging the same, this writ petition has been filed.

5. In such matters, the procedure to be followed by the registering authority has already been delineated by the 2/4

3 W.P.(MD)NO.19291 OF 2015 Hon'ble Division Bench in the decision reported in 2017 (3) CTC 135 (Sudha Ravi Kumar and Ors. V. The Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department and Ors.). As and when the petitioner re-presents the document, it shall be dealt with in the manner mentioned above. The registering authority has to put on notice to the Deputy Commissionercum -Executive Officer, Thirupparankundram Arulmighu Subramaniya Swamy temple. This writ petition stands disposed of accordingly. No costs. Consequently, connected miscellaneous petitions are closed.

28.07.2023 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU To:

1. The Sub Registrar, Thirupparankundram, Madurai District.

2. The Deputy Commissioner, Hindu Religious and Charitable Endowments Department, Madurai.

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4 W.P.(MD)NO.19291 OF 2015 G.R.SWAMINATHAN,J.

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