D.M.Vengateshwaran v. The Sub Registrar
1 W.A.(MD)NO.2026 OF 2023 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 11.08.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN AND THE HON'BLE MR.JUSTICE K.RAJASEKAR W.A.(MD)No.2026 of 2023 AND C.M.P.(MD)No.16131 of 2023 D.M.Vengateshwaran ... Appellant/Petitioner Vs.
1. The Sub Registrar, O/o.the Sub Registrar, Madurai North Registration Office, Madurai.
2. The Joint Commissioner / Executive Officer, Arulmigu Sri Meenakshi Sundareshwarar Temple, Madurai.
... Respondents/ Respondents Prayer: Writ appeal filed under Clause 15 of the Letters Patent, to allow the writ appeal by setting aside the order passed in W.P. (MD)No.18760 of 2020 dated 03.02.2023.
For Appellant : Mr.Niranjan S. Kumar For R-1 : Mr.D.Sasikumar, Additional Government Pleader.
For R-2 : Mr.V.R.Shanmuganathan * * * 1/5
2 W.A.(MD)NO.2026 OF 2023
J U D G M E N T
Heard both sides.
2. The appellant wants to deal with the petition-mentioned land. When the document was presented for registration, the registering authority indicated that the appellant must obtain NOC from the second respondent temple. Accordingly, the petitioner approached the second respondent. The second respondent declined to issue any NOC. Challenging the stand of the second respondent, W.P.(MD)No.18760 of 2020 came to be filed. The learned single Judge dismissed the writ petition vide order dated 03.02.2023 in the following terms:- "3. At this juncture, reference must be made to the manner in which a claim made by religious institutions under Section 22-A of the Registration Act, 1908 (as amended in the State of Tamil Nadu) has to be dealt by the Registering Authority as held by the Division Bench of this Court in the decision in Sudha Ravi Kumar -vs- Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department, Chennai [(2017) 3 CTC 2/5
3 W.A.(MD)NO.2026 OF 2023 135]. If the said procedure has not been followed, it is for the aggrieved party to work out his remedy in that regard before the proper forum in the manner recognized by law, but it is not possible to grant the relief as sought by the Petitioner in this case. It is needless to clarify that no view has been expressed on the merits of the controversy involved in the matter.
4. In fine, the Writ Petition is dismissed with the aforesaid observations. Consequently, the connected Miscellaneous Petitions are closed. No costs."
Aggrieved by the same, this writ appeal has been filed.
3. In our view, filing of the writ appeal appears to be misconceived. The learned single Judge clearly indicated that as and when the appellant presents the document, the registering authority will have to follow the direction as set out by the Hon'ble Division Bench in Sudha Ravi Kumar case.
4. We reiterate that notwithstanding the dismissal of W.P. (MD)No.18760 of 2020, when the document is presented for 3/5
4 W.A.(MD)NO.2026 OF 2023 registration, the direction given by the the Hon'ble Division Bench in Sudha Ravi Kumar case will have to be followed. This writ appeal stands disposed of. No costs. Consequently, connected miscellaneous petition is closed.
(G.R.SWAMINATHAN, J.) & (K.RAJASEKAR, J.) 11th August 2025 NCC : Yes / No Index : Yes / No Internet : Yes / No PMU To:
The Sub Registrar, O/o.the Sub Registrar, Madurai North Registration Office, Madurai.
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5 W.A.(MD)NO.2026 OF 2023 G.R.SWAMINATHAN, J.
AND K.RAJASEKAR, J.
PMU W.A.(MD)No.2026 of 2023 11.08.2025 5/5