Kalyana Sundaram v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:29.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P(MD) No.50 & 52 of 2024 Kalyana Sundaram ... Petitioner Vs.

1. The District Collector, Cheranmahadevi Registration District, Tirunelveli District

2. The Sub Registrar, O/o.The Registrar, Kadayam, Tenkasi District.

3. The Executive Officer, Arulmigu Vilvanathar Temple, Kadayam, Tenkasi District.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus to call for the records of the 2nd respondent in his refusal check slip bearing No.RFL/Kadayam/35/2023 dated 08.11.2023 and quash the same as it is not applicable to the present case and direct the respondents to register the document of sale deed submitted by the petitioner dated 22.08.2023.

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For Petitioner : Mr. S.Devarajan For Respondents : Mr.S.Saji Bino, Spl. Govt. Pleader for R1 and R2 Mr.S.Chellapandian (for R3)

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus to quash the impugned refusal check slip bearing No.RFL/Kadayam/35/2023 dated 08.11.2023, passed by the second respondent and consequently to direct the respondents to register the document of sale deed submitted by the petitioner dated 22.08.2023. 2.The contention of the petitioner is that the petitioner and one K.Thirupathi, intended to purchase the subject land belongs to one Paul Yovan, who died. However, the third respondent is claiming title over the property, since the land belongs to the temple.

3.When it is a temple land, the second respondent is bound to conduct enquiry by calling the petitioner as well as temple and then pass orders as per the order passed in the case of Sudha Ravi Kumar and Another Vs. The Special Commissioner and Others in W.P.Nos.30589 of 2013 and batch, dated 05.04.2017.

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4.Therefore, the second respondent is directed to conduct an enquiry and pass orders in accordance to law. The said exercise shall be completed within a period of eight weeks from the date of receipt of a copy of this order. 5.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, the connected writ miscellaneous petitions are closed.

29.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes vsg To

1. The District Collector, Cheranmahadevi Registration District, Tirunelveli District

2. The Sub Registrar, O/o.The Registrar, Kadayam, Tenkasi District.

3. The Executive Officer, Arulmigu Vilvanathar Temple, Kadayam, Tenkasi District.

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S.SRIMATHY , J.

vsg ORDER MADE IN DATED :29.08.2025 4/4