S.Saraswathi v. The Sub Registrar
1 W.P.(MD)NO.28765 OF 2025 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 15.10.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN W.P.(MD)No.28765 of 2025 AND W.M.P.(MD)No.22354 of 2025 S.Saraswathi ... Petitioner Vs.
The Sub Registrar, O/o.the Sub Registrar, Srirangam, Trichy District.
... Respondent Prayer: Writ petition filed under Article 226 of the Constitution of India, to issue a Writ of Certiorarified Mandamus, calling for the records relating to the impugned Refusal Order No.81/2025 dated 30.06.2025 refusing to register the sale deed dated 30.06.2025 in favour of petitioner along with impugned proceedings Na.Ka.No.29/2025 dated 30.06.2025, quash the same and consequently direct the respondent herein to register the sale deed dated 30.06.2025 in favour of the petitioner for the house property situated in TS No. 1502/1, 1503/1 and 1504/2 in TS No. 1502, 1503 and 1504/2 in Block No.45, Old I-Ward, New Ward A, Velli Thirumutham Village, Srirangam Taluk, Trichy District. For Petitioner : Mr.K.Muthu Ganesa Pandian For Respondent : Mr.G.V.Vairam Santhosh, Additional Government Pleader.
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2 W.P.(MD)NO.28765 OF 2025
O R D E R
Heard both sides.
2. The petitioner's husband executed settlement deed dated 30.06.2025 in favour of the writ petitioner. The document was presented for registration. The registering authority noted that in the revenue record, land has been shown as belonging to Arulmighu Ranganathaswamy Temple, Srirangam. Hence, the impugned refusal check slip was issued and registration was refused. Challenging the same, this writ petition has been filed.
3. It is seen that the registering authority had mechanically passed the impugned order. The directions laid down in Sudha Ravi Kumar Vs. The Special Commissioner & Commissioner, HR&CE Department (DB) (2017 (3) CTC 135) were not adhered to.
4. In this view of the matter, the impugned refusal check slip is quashed. The matter is remitted to the file of the respondent. The Hon'ble Division Bench in Sudha Ravi Kumar case had held as follows:- " 25. In view of the above discussions, all the writ petitions are allowed and the impugned orders are set aside with the following directions: 2/6
3 W.P.(MD)NO.28765 OF 2025 (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 3/6
4 W.P.(MD)NO.28765 OF 2025 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."
The petitioner is permitted to re-present the document and the registering authority shall adhere to the directions set out above. This writ petition stands allowed accordingly. No costs. Consequently, connected miscellaneous petition is closed. 15.10.2025 NCC : Yes / No Index : Yes / No Internet : Yes/ No PMU 4/6
5 W.P.(MD)NO.28765 OF 2025 To:
The Sub Registrar, O/o.the Sub Registrar, Srirangam, Trichy District.
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6 W.P.(MD)NO.28765 OF 2025 G.R.SWAMINATHAN,J.
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