S.Mahalakshmi v. The State Of Tamil Nadu

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2025

CORAM:

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

1. The State of Tamil Nadu, The Joint-I Sub Registrar, District Registrar Office, Kumbakonam, Thanjavur District.

2. The Executive Officer, Sri Aadhikumbeshwaram Temple, Kumbakonam, Thanjavur District.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the Impugned Refusal Check slip in RFL/1 The Joint-I Sub Registrar, Kumbakonam/110/2025 dated 30.07.2025 passed by the first respondent and quash the same as illegal and consequently directing the first respondent to register the Settlement Deed presented by the petitioner with respect to T.S No. 881 situated in Municipal Ward No.3, Kumbakonam Town and Taluk, Thanjavur District.

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For Petitioner : Mr.S.Sankar For R-1 : Mr.S.Saji Bino Special Government Pleader

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned refusal check slip dated 30.07.2025 and consequently direct the first respondent to register the Settlement Deed presented by the petitioner with respect to T.S No. 881 situated in Municipal Ward No.3, Kumbakonam Town and Taluk, Thanjavur District.

2. Through the impugned order, the first respondent refused to register the settlement deed on the ground that the property belongs to Sri Aadhikumbeshwaran Temple, Kumbakonam.

3. The contention of the petitioner is that the land belongs to him. However, the temple, namely, Sri Aadhikumbeshwaran Temple, Kumbakonam, 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.

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4. In view of the above, the impugned order is set aside. The first respondent is directed to issue notice to the petitioner as well as the 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 six (6) weeks from the date of receipt of a copy of this order.

5. With the above said direction, this Writ Petition is disposed of. There shall be no order as to costs.

06.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr To:

The Joint-I Sub Registrar, District Registrar Office, Kumbakonam, Thanjavur District.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 06.08.2025 4/4