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Madras High CourtWP(MD)/21044/2025disposed of

Muthusamy v. The District Registrar,

2025-08-01Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 01.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY Muthusamy ... Petitioner Vs

1. The District Registrar, Madurai District.

Madurai.

2. The Sub Registrar, Melur (West ) Sub - Registrar Office , Madurai 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 Refusal Check Slip by its RFL/Melur(West)/36/2025 issued by the second respondent dated 11.07.2025 and quash the same as unlawful and unsustainable and consequently, to direct the second respondent to register the Gift Settlement deed dated 11.7.2025, as and when the same is presented by the petitioner.

For Petitioner : Mr.P.Murugesan For Respondents : Mr.S.Kameswaran GovernmentAdvocate 1/4

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash refusal check slip dated 11.07.2025 and consequently, direct the second respondent to register the Gift Settlement deed dated 11.7.2025.

2. The contention of the petitioner is that the land belongs to him. However, the Hindu Religious Charitable Endowment Temple, is claiming right over the said property. He further submits that the impugned order was passed without conducting a proper enquiry as contemplated under Section 22-A of the Registration Act.

3. In view of the above, the impugned order is set aside. The respondents are directed to issue notice to the petitioner as well as the Hindu Religious Charitable Endowment Temple and conduct an enquiry as per the judgment rendered in Sudha Ravi Kumar and another Vs. Special Commissioner and Commissioner, Hindu Religious and Charitable Endowment Department, Chennai, reported in 2017 (3) CTC 135 (DB). The said exercise shall be completed within a period of eight (8) weeks from the date of receipt of a copy of this order.

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4. With the above said direction, this Writ Petition is allowed. There shall be no order as to costs.

01.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

1. The District Registrar, Madurai District.

Madurai.

2. The Sub Registrar, Melur (West ) Sub - Registrar Office , Madurai District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 01.08.2025 4/4