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Madras High CourtWP(MD)/29936/2025allowed

Alagar v. The District Registrar

2026-01-29Honourable Mr Justice Krishnan Ramasamy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 29.01.2026

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.29936 of 2025 and W.M.P.(MD)No.23150 of 2025 Alagar ... Petitioner Vs 1.The District Registrar, Sivagangai District.

2.The Sub Registrar, Thiruppathur, Sivagangai District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Sivagangai District.

4.Arulmigu Angalaman Thirukovil, Rep. By the Fit Person/Inspector of HR and CE, Vaiyakalathur, Thiruppathur Taluk, Sivagangai District.

... Respondents (R4 is impleaded vide Court order dated 12.11.2025 in W.M.P.(MD)No.

24196/2025 in W.P.(MD)No.29936/2025) 1/6

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records in pursuant to the impugned refusal check slip in Refusal No.RFL/Thiruppathur-Karaikudi/18/2025 dated 10.09.2025 on the 2nd respondent and quash the same and direct the 2nd respondent to register release deeds dated 20.08.2025 stands in the name of petitioner and to release the document within the time limit that may be fixed by this Court.

For Petitioner : Mr.M.Karthikeya Venkatachalapathy For Respondents : Mr.K.S.Selvaganesan, Addl. Govt. Pleader for R1 to R3 No Appearance for R4

O R D E R

This Writ Petition is filed challenging the impugned refusal check slip issued by the 2nd respondent dated 10.09.2025 and also seeking for a consequential direction directing the 2nd respondent to register the release deeds dated 20.08.2025 stands in the name of petitioner and to release the document within the time limit that may be fixed by this Court.

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2. The learned counsel appearing for the petitioner would submit that the petitioner has purchased the subject property along with one Ravindran and Ramesh Kumar under various registered sale deeds in the year 2005. Thereafter, the co-purchasers decided to relinquish their undivided shares in favour of the petitioner. During the preparation of release deeds, the petitioner found that in the revenue "A" register, certain survey numbers have been wrongly reflected in the name of 4th respondent temple. On a representation dated 22.04.2024, under the Right to Information Act, the third respondent confirmed by his proceedings dated 21.05.2024 that the concerned survey numbers do not belong to the 4th respondent temple. Pursuant thereto, five release deeds were executed on 20.08.2025 and when the same were presented for registration on 10.09.2025, the 2nd respondent refused to register the same by relying upon the internal communication issued by the Inspector General of Registration, which is against law. Therefore, the impugned order is liable to be set aside.

3. The learned Special Government Pleader appearing for the respondents 1 to 3 would submit that in the "A" register, the subject 3/6

property stands in the name of the 4th respondent temple. Therefore, the 2nd respondent has refused to register the release deeds dated 20.08.2025.

4. This Court heard the submissions made by the learned counsel appearing for the petitioner as well as the learned Additional Government Pleader appearing for the respondents 1 to 3 and perused the materials available on record.

5. On a perusal of the records, it is seen that the subject properties were purchased by three persons viz., Alagar, the petitioner, one Ravindran and Mr.Ramesh Kumar in the year 2005. Out of three purchasers, two purchasers are decided to relinquish their rights in favour of the petitioner Alagar. Further, no new rights are going to be created to the third party. Therefore, this Court is of the considered view that there is no impediment for the 2nd respondent to register the release deeds dated 20.08.2025 presented by the petitioner. If at all, the 4th respondent temple has any claim over the properties, it is up to the temple authorities to initiate appropriate proceedings to establish their right in the properties in the manner known to law. Therefore, this Court is inclined to set aside the impugned order.

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6. Accordingly, the impugned order dated 10.09.2025 passed by the 2nd respondent is set aside. In the event, if the said release deeds are re-presented, the authority concerned is directed to register the same forthwith, if they are otherwise in order.

7. With the above observations, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

29.01.2026 vsm Index : Yes/No NCC : Yes/No To 1.The District Registrar, Sivagangai District.

2.The Sub Registrar, Thiruppathur, Sivagangai District.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowment, Sivagangai District.

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KRISHNAN RAMASAMY, J.

vsm W.P.(MD)No.29936 of 2025 29.01.2026 6/6