Madras High Court
K.S.Kothandaraja vs The Sub Registrar on 30 April, 2021
W.P.(MD)No.8988 of 2021
K.S.Kothandaraja v. The Sub Registrar
BEFORE THE MADURAI BENCH OF MADRAS HIGH Court
DATED: 30.04.2021
CORAM:
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD)No.8988 of 2021
(Through Video Conferencing)
K.S.Kothandaraja ... Petitioner
Vs.
1.The Sub Registrar,
Rajapalayam
Virudhunagar District
2.The Assistant Commissioner,
Hindu Religious & Charitable Endowments Board,
Virudhunagar ... Respondents
PRAYER : Writ Petition is filed under Article 226 of the Constitution of
India for issuance of a Writ of Mandamus to direct the 1 st respondent to
expedite the enquiry pending before him under section 22 A of the Tamil
Nadu Registration Act by considering the petitioner's representation dated
26.02.2021 and 21.04.2021 and to register the petitioner's sale deed
presented on the file of the 1st respondent.
For Petitioner :Mr.I.Velpradeep
For Respondents :Mr.K.P.Narayanakumar for R2
Special Government Pleader
1/5
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.8988 of 2021
K.S.Kothandaraja v. The Sub Registrar
Mr.K.Sathiya Singh for R1
Additional Government Pleader
ORDER
This writ petition has been filed for the issue of a writ of mandamus
directing the first respondent to hold an enquiry based on the representation
made by the petitioner on 21.04.2021 and to pass orders within the time
limit fixed by this Court.
2.The case of the petitioner is that he is the owner of the subject
property by virtue of a registered sale deed dated 05.04.2004. The petitioner
wanted to deal with the said property and he presented the sale deed for
registration before the first respondent and the first respondent, by
communication dated 12.06.2017, refused to register the sale deed and
directed the petitioner to get a no objection certificate from the concerned
temple.
3.The petitioner challenged the communication of the first respondent
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W.P.(MD)No.8988 of 2021
K.S.Kothandaraja v. The Sub Registrar
in W.P.(MD) No.8826/2018 and this Court disposed of the writ petition, by
an order dated 19.03.2019 and directed the first respondent to deal with the
issue in accordance with the judgment of this Court in Sudha Ravi Kumar
v. the Special Commissioner & Commissioner, H.R. & C.E. Department
reported in 2017 (3) CTC 135. The petitioner thereafter made a
representation before the first respondent on 21.04.2021. Since no enquiry
was initiated by the first respondent, the present writ petition has been filed
before this Court seeking for appropriate directions.
4. Taking into consideration the facts and circumstances of the case
and the limited relief sought for in this writ petition, there shall be a
direction to the first respondent to act in accordance with the earlier order
passed by this Court in W.P.No.8826/2018, after affording an opportunity to
the petitioner and the concerned temple and take a decision with regard to
the registration of the sale deed within six weeks the date of receipt of a
copy of this order.
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.8988 of 2021
K.S.Kothandaraja v. The Sub Registrar
5. The petitioner is directed to make a fresh representation to the first
respondent along with all the relevant documents and also a copy of this
order.
6. This writ petition is disposed of with the above direction. No costs.
30.04.2021
Internet : Yes
RR
Note: In view of the present lock down owing to COVID-19
pandemic, a web copy of the order may be utilized for
official purposes, but, ensuring that the copy of the order
that is presented is the correct copy, shall be the
responsibility of the advocate/litigant concerned.
To
1.The Sub Registrar,
Rajapalayam
Virudhunagar District
2.The Assistant Commissioner,
Hindu Religious & Charitable Endowments Board,
Virudhunagar
https://www.mhc.tn.gov.in/judis/
W.P.(MD)No.8988 of 2021
K.S.Kothandaraja v. The Sub Registrar
N.ANAND VENKATESH, J.
RR
W.P.(MD)No.8898 of 2021
30.04.2021
https://www.mhc.tn.gov.in/judis/
