C.Rajan v. The Commissioner

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 18.09.2025

CORAM:

THE HONOURABLE DR.JUSTICE ANITA SUMANTH AND THE HONOURABLE MR.JUSTICE C.KUMARAPPAN and C.M.P(MD)No.15271 of 2025 C.Rajan ...Appellant Vs.

1.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2.The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Nagercoil-2, 1/6

3.The District Registrar, O/o. the District Registrar, 4.The Sub-Registrar, O/o.Sub Registrar, Boothapandi, 5.Thalakudi Village Panchayat, Represented by its Panchayat President, Thalakudi Village, Thovalai Taluk,

...Respondents

PRAYER:- Writ Appeal filed under Clause 15 of Letters Patent, to set aside the order made in W.P.(MD)No.20141 of 2025 dated 24.07.2025 on the file of this Court.

For Appellant : Mr.M.Mahaboob Fazil for Ms.Roy and Roy Associates For Respondents : Mr.J.Ashok Additional Government Pleader 2/6

JUDGMENT

(Judgment of the Court was made by DR.ANITA SUMANTH, J.) The short grievance raised by the appellant is as against the observation at para 4 of writ order dated 24.07.2025 to the effect that the writ petitioner/appellant or the buyer who proposes to purchase the property at Thalakudi Village, Thovalai Taluk, Kanyakumari District, from the writ petitioner/appellant, will have to approach the Civil Court. 2.The procedure set out in Sudha Ravi Kumar and another Vs. Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department, Chennai [(2017) 3 CTC 135] provides for objections to be filed by both the purchaser as well as Temple in the event of a dispute over the title to a property. The disposal of the objection will be by way of a summary process, and only thereafter shall the parties be relegated to the civil Court if at all. The procedure shall be as follows:

"(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 3/6

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.We clarify that it is the above procedure that will apply in the present case as well. Incidentally, Mr.J.Ashok, learned Additional Government Pleader states that, at the present, no documentation has been presented for registration.

4.This Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petition is closed.

[A.S.M.J.,] & [C.K.J.,] 18.09.2025 NCC :Yes/No Index :Yes/No Internet :Yes ps 4/6

To 1.The Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, No.119, Uthamar Gandhi Salai, Nungambakkam, Chennai - 600 034.

2.The Assistant Commissioner, Tamil Nadu Hindu Religious and Charitable Endowments Department, Nagercoil-2, 3.The District Registrar, O/o. the District Registrar, 4.The Sub-Registrar, O/o.Sub Registrar, Boothapandi, 5.Panchayat President, Represented by its Thalakudi Village Panchayat, Thalakudi Village, Thovalai Taluk, 5/6

DR.ANITA SUMANTH, J.

AND C.KUMARAPPAN, J.

ps 18.09.2025 6/6