Kandhasamy P v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 06.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY

1. P.Kandhasamy

2. M.Kumaravel ... Petitioners Vs

1. The Sub Registrar, Thiruparankundram, ThiruparankundramTaluk, Madurai.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments Board, Madurai District.

3. The Executive Officer / Assistant Commissioner, Arulmigu Subramania Swamy Thirukovil, Thriuparankundram, Madurai.

4. The Tahsildhar, Thiruparankundram Taluk, Madurai.

5. P.Arumugam

6. P.Chithambaram

7. P.Sivakumar ... Respondents 1/5

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the first respondent to release the petitioner's pending Document No.P42 of 2025 by assigning registration number within a stipulated period of time to be fixed by this Court. For Petitioner : Mr.S.Packiya Muthu For R-1 to R-4 : Mr.S.Saji Bino Special Government Pleader For R-2 : Mr.S.S.Madhavan Additional Government Pleader For R-3 : Mr.V.Chandrasekar For R-5 to R-7 : Mr.K.Kaviarasan

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Mandamus, to direct the first respondent to release the petitioner's pending Document No.P45 of 2025 by assigning registration number.

2. The contention of the petitioners is that the land belongs to them. However, the Hindu Religious and Charitable Endowments (HR & CE) Department 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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3. The learned Special Government Pleader submitted that an enquiry has already been conducted by the official respondents.

4. In view of the above, the impugned order is set aside. If the enquiry has already been conducted, the official respondent is directed to pass appropriate orders in accordance with 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.

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

06.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes jbr 3/5

To:

1. The Sub Registrar, Thiruparankundram, ThiruparankundramTaluk, Madurai.

2. The Assistant Commissioner, Hindu Religious and Charitable Endowments Board, Madurai District.

3. The Executive Officer / Assistant Commissioner, Arulmigu Subramania Swamy Thirukovil, Thriuparankundram, Madurai.

4. The Tahsildhar, Thiruparankundram Taluk, Madurai.

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S.SRIMATHY , J.

jbr ORDER MADE IN DATED : 06.08.2025 5/5