Ravichandran.R v. The Sub-Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Date : 16/10/2024
CORAM
The Hon`ble Mr.Justice N.SATHISH KUMAR Ravichandran.R ... Petitioner Vs
1. The Sub-Registrar, Kattuputhur Sub-Registrar Office, Kattuputhur, Thottiyam Taluk, Trichy District..
2. Dhanasekar.M, S/o. Muthusamy, Eloorpatti Village, Thottiyam Taluk, Trichy District..
... Respondents 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 relating to 1st respondent proceedings made in Refusal Check Slip, Refusal Number RFL / Kattuputhur / 93/2023, dated on 27.09.2023 quash the same, and further, direct him to register the sale deed dated 26.09.2023 within a stipulated period as may be fixed by this Court.
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For Petitioner : Mr.R.Sundar, For Respondent : Mr.M.Siddharthan Additional Government Pleader
ORDER
The writ petition has been filed challenging the refusal check slip issued by the 1st respondent dated 27.09.2023 and to direct him to register the sale deed dated 26.09.2023. The challenge has been made on the ground that the property in question is a Trust property, which has been purchased for the benefit of the temple.
2. It is the petitioner's case that the property in question belongs to the petitioner's group of people, namely, Pangalis and hence, in order to sell the same, the petitioner presented the document, which has been refused to be registered on the ground that the property is the Trust property. It is his case that the petitioner and his pangalis have every right to deal with the property and that the property is not belong to HR&CE department and when they decided to sell the same, it has been refused by the 1st respondent.
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3. I have considered the rival submissions and perused the materials available on record.
4. The previous document clearly shows that the property has been purchased on behalf of the temple for the benefit of larger interest of group of people. In such view of the matter, the petitioner shall obtain permission from the civil Court under Section 92 of the Code of Civil Procedure to deal with the property.
5. The writ petition is disposed of with the above direction. No costs.
16.10.2024 RR TO
1. The Sub-Registrar, Kattuputhur Sub-Registrar Office, Kattuputhur, Thottiyam Taluk, Trichy District..
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N.SATHISH KUMAR,J RR
ORDER
IN WP(MD) No.27037 of 2023 Date : 16/10/2024 4/4