Saranya vs The District Collector
2021 Latest Caselaw 24082 Mad

                                                                           W.P(MD)No.21557 of 2021


                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                             DATED : 07.12.2021

                                                   CORAM

                             THE HONOURABLE MR.JUSTICE C.V.KARTHIKEYAN

                                            W.P(MD)No.21557 of 2021


                Saranya                                                ... Petitioner

                                                      Vs.


                1.The District Collector,
                  Madurai District,
                  Madurai.

                2.The Assistant Commissioner,
                  Hindu Religious and Charitable Endowments Board,
                  Madurai District.

                3.The Executive Officer /Assistant Commissioner,
                  Arulmigu Subramania Swamy Thirukovil,
                  Thirupparankundram, Madurai.

                4.The Tahsildar,
                  Thirupparankundram Taluk,
                  Madurai.

                5.The Sub Registrar,
                  Thirupparankundram, Madurai.                         ... Respondents

                Prayer : Writ Petition filed under Article 226 of the Constitution of India,
                praying this Court to issue a Writ of Mandamus, directing the 5th respondent to
                act accordingly in registering any documents pertaining to the land belonging
                to the petitioner in R.S.No.136/1C in plot No.7 in an extent 2199.375 sq.ft
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                                                                             W.P(MD)No.21557 of 2021


                situated at Vetrivinayagar Kovil Street, Ward No.7 of Thirupparankundram
                Village, after availing detailed report over the said property, within the time
                frame fixed by this Court.


                                  For Petitioner        : Mr. T.Palanisamy

                                  For R1,R2,R4 & R5     : Mr.S.Kameswaran,
                                                          Government Advocate

                                  For R3                : Mr.S.Manohar
                                                          Standing Counsel


                                                      ORDER

I am deeply pained by the representation made, particularly, the

representation that the property of the temple can be very well registered by the

fifth respondent, after following two judgments of this Court passed by a

learned Single Judge of this Court. It is apparent that the third respondent has

subsisting interest over the property mentioned in the document presented for

registration.

2.A duty is cast on the fifth respondent to ensure that whenever any

document is presented for registration to take a decision either to register the

document or not to register the document. If the document is to be registered,

then necessary steps will have to be taken. If the fifth respondent / the Sub

Registrar, Thirupparankundram, Madurai, decides not to register a document,

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21557 of 2021

reasons in writing must be given to the person who presents the document for

registration. Let that procedure be followed. The Writ Petition stands

dismissed. The petitioner may present the document before the fifth

respondent. Let the fifth respondent take appropriate action in manner known

to law. It is again reiterated that the writ petition is dismissed. No costs.

                                                                                   07.12.2021

                Index             : Yes / No
                Internet          : Yes/ No

                pnn

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.

https://www.mhc.tn.gov.in/judis

W.P(MD)No.21557 of 2021

C.V.KARTHIKEYAN, J.

pnn

To

1.The District Collector, Madurai District, Madurai.

2.The Assistant Commissioner, Hindu Religious and Charitable Endowments Board, Madurai District.

3.The Executive Officer /Assistant Commissioner, Arulmigu Subramania Swamy Thirukovil, Thirupparankundram, Madurai.

4.The Tahsildar, Thirupparankundram Taluk, Madurai.

5.The Sub Registrar, Thirupparankundram, Madurai.

W.P(MD)No.21557 of 2021

07.12.2021

https://www.mhc.tn.gov.in/judis