Narayana Rao S v. The Sub Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 10.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN S.Narayana Rao ... Petitioner Vs.

1.The Sub Registrar, Srirangam Registration Office, Gandhi Road, Srirangam, Trichy - 620 006.

2.The Executive Officer, Arulmigu Sri Renganathaswamy Temple, Srirangam, Trichy - 620 006.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the 1st respondent to register the deed of alienation of the property in respect of the property bearing Plot No.GF3 in Rajalakshmi Apartment, constructed on the norther portion in Plot No.16A, together with an undivided share of 425.3 Sq.ft of land out of a total extent of 5104 Sq.ft with a built up area of 810 Sq.ft in Ground Floor and comprised in T.SNo.1805/A1, in Block No.34, Ward 2, Nethaji Street, Vellithirumutham Village, Srirangam Taluk, Trichy District bearing Municipal Tax assessment number 086/003/00004, EB connection 1/6

number 06-270-011-577 which was earlier purchased by the petitioner along with his brother under a sale deed dated 28-08-2008 bearing number 2536/2008 and release deed dated 03-03-2023 bearing document number 771/23 without seeking no objection letter from the 2nd respondent.

For Petitioner : Mr.P.R.Krishnaraj For Respondents : Mr.D.Gandhiraj, Spl. Government Pleader for R1.

Mr.M.Saravanan for R2.

ORDER

The petitioner wants to sell the petition mentioned property. The petitioner apprehends that the registering authority may not accept the document for registration by citing the objections from the second respondent.

2.The fact remains that as on date, the petitioner has not presented any document. The petitioner has to necessarily present the document. If according to the registering authority, there is objection from the second respondent / temple, the registering authority has to follow the directions set out in the decision reported in 2017 (3) CTC 135 (Sudha Ravi 2/6

Kumar Vs. The Special Commissioner & Commissioner, H.R & C.E. Department, Chennai). The directions are as follows:- "(i) The registering authority before whom the document has been presented shall cause service of notice on the parties to the deeds and also to the objector / religious institution, hold summary enquiry, hear the parties and then either register or refuse to register the document by passing an order having regard to the relevant facts as indicated above.

(ii) If the registering authority, refuses to register any document by accepting the objections raised under Section 22-A of the Registration Act, the aggrieved may file a statutory appeal under the Act.

(iii) If the objections raised under Section 22-A of the Act by the religious institution are rejected and the document is registered, the remedy for the religious institution is to either approach this Court by way of a writ petition seeking cancellation of the registration or for any other relief or to approach the civil Court for declaration of the title and for other consequential reliefs.

(iv) If the registering authority refuses to register the document acting on the objections raised by a religious institution under Section 22-A of the Registration Act, the parties to the deed will be at liberty to straightaway approach the Civil Court for declaration of title and other relief without availing the opportunity for filing a statutory appeal.

3/6

(v) We further direct that if the deed has already been registered without there being any objection by the religious institution under Section 22-A of the Act, the document shall be returned to the parties concerned leaving it open for the religious institution to approach either the High Court under Article 226 of the Constitution of India or the Civil Court for appropriate relief as indicated above. At any rate, the registering authority shall not withhold the deed which has already been registered." 3.The entire exercise has to be completed by the first respondent within a period of four weeks from the date of presentation of the document. Though in Sudha Ravi Kumar's case, the aggrieved party has been called upon to go before the Civil Court, Considering the special facts and circumstances, it is open to the petitioner to move this Court for relief, if necessary.

4.This writ petition is disposed of accordingly. 10.09.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias 4/6

To:

1.The Sub Registrar, Srirangam Registration Office, Gandhi Road, Srirangam, Trichy - 620 006.

2.The Executive Officer, Arulmigu Sri Renganathaswamy Temple, Srirangam, Trichy - 620 006.

5/6

G.R.SWAMINATHAN, J.

ias 10.09.2025 6/6