Rajasekaran P v. The District Registrar

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 04.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.34994 of 2025 P.Rajasekaran ... Petitioner Vs

1. The District Registrar, Virudhunagar Registration District, Virudhunagar.

2. The Sub Registrar, Seithur Sub Registrar Office, Seithur, Virudhunagar Registration District.

3. The Inspector, The Hindu Religious and Charitable Endowments Department, Srivilliputtur, Virudhunagar District.

4. The Executive Officer, Arulmighu Thiru Kaneeswarar Swamy Thirukovil, Seithur Village, Rajapalayam Taluk, Virudhunagar District.

... Respondents 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 of the second respondent in his proceedings in Refusal Number / 1/6

Seithur/168/2025 dated 17.11.2025 and quash the same as illegal, arbitrary, violation of law and further direct the second respondent to hold summary enquiry, register a document, release the same within the stipulated time which this Court.

For Petitioner : Mr.M.Jothi Basu For R-1 to R-3 : Mr.A.Kannan, Additional Government Pleader For R-4 : Mr.H.Arumugam

O R D E R

This Writ Petition has been filed seeking to quash the proceedings of the second respondent in Refusal No. /Seithur/168/2025 dated 17.11.2025, as illegal, arbitrary and in violation of law, and consequently to direct the second respondent to conduct a summary enquiry, register the document and release the same within the time stipulated by this Court.

2. The learned counsel appearing for the petitioner would submit that the petitioner presented a document for registration before the second respondent. The second respondent issued an impugned refusal check slip directing the executor to obtain a No Objection Certificate from the Tamil Nadu Hindu Religious and Charitable Endowments Department for registering the document. Challenging the said refusal 2/6

check slip dated 30.07.2025, the petitioner filed W.P.(MD).No.23891 of 2025, which was allowed by this Court on 30.09.2025 with a direction to the Registering Authority to follow the guidelines laid down in Sudha Ravi Kumar's case. Pursuant to the said order, the petitioner expected the second respondent to issue notice calling for relevant documents. However, without issuing any notice to the petitioner, the second respondent passed the impugned proceedings dated 17.11.2025. Hence, the present writ petition has been filed.

3. The learned Additional Government Pleader appearing for the respondent Nos.1 to 3 submitted that in the present case, notice was issued only to the temple authorities and not to the petitioner.

4. Considering the submissions of the learned counsel for the petitioner and the learned Additional Government Pleader for the respondent Nos.1 to 3, this Court finds that when any objection is received from any person, including the petitioner, with regard to the registration of a document, the registering authority is bound to conduct an enquiry before passing final orders. However, in the present case, no such enquiry was conducted and the impugned order was passed without 3/6

issuing notice to the petitioner. This amounts to a clear violation of the principles of natural justice. Therefore, the proceedings issued by the second respondent dated 17.11.2025 is set aside.

5. The petitioner is directed to re-present the sale deed for registration before the second respondent and, upon such representation, the second respondent shall issue notice to the temple authorities as well as to the petitioner and, after affording an opportunity of hearing to all the parties concerned, pass final orders with regard to the registration of the sale deed in accordance with law. The entire exercise shall be completed within a period of four weeks from the date of receipt of a copy of this order.

6. Accordingly, this Writ Petition stands allowed. There shall be no order as to costs.

04.12.2025 Index : Yes/No Internet: Yes/No TSG 4/6

To

1. The District Registrar, Virudhunagar Registration District, Virudhunagar.

2. The Sub Registrar, Seithur Sub Registrar Office, Seithur, Virudhunagar Registration District.

3. The Inspector, The Hindu Religious and Charitable Endowments Department, Srivilliputtur, Virudhunagar District.

5/6

KRISHNAN RAMASAMY, J.

TSG W.P.(MD)No.34994 of 2025 04.12.2025 6/6