Chittammal v. The Sub-Registrar

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 12.09.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Chitammal ... Petitioner Vs.

The Sub-Registrar, Thuvarankurichi Sub-Registrar Office, Trichy District.

... Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned refusal check slip in Refusal No. RFL/Thuvarankurichi/12/2025 dated 18.08.2025 passed by the respondent and quash the same and consequently direct the respondent to register the sale deed presented by the petitioner dated 18.08.2025. For Petitioner : Mr.S.Deepaksiva For Respondent : Mr.D.Gandhiraj, Spl. Government Pleader.

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ORDER

Heard both side.

2.The petitioner wants to sell the petition mentioned property under sale deed dated 18.08.2025. It was presented for registration before the respondent. The respondent declined to register the document. Challenging the refusal check slip, this writ petition has been filed. 3.The Hon'ble Division Bench in the decision reported in 2017 (3) CTC 135 (Sudha Ravi Kumar Vs. The Special Commissioner & Commissioner, H.R & C.E. Department, Chennai) had dealt with a similar issue and issued the following directions:- "(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 2/6

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.

(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." 3/6

4.It is seen that the aforesaid directions has not been followed by the respondent. In this view of the matter, the impugned refusal check slip is quashed. The petitioner is permitted to re-present the document before the respondent. Upon re-presentation of the document by the writ petitioner, the respondent will adhere to the aforesaid directions and dispose of the matter.

5.This writ petition is allowed accordingly. No costs. 12.09.2025 NCC : Yes/No Index : Yes / No Internet : Yes/ No ias To:

The Sub-Registrar, Thuvarankurichi Sub-Registrar Office, Trichy District.

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G.R.SWAMINATHAN, J.

ias 12.09.2025 6/6