Marammal vs The Sub-Registrar
2021 Latest Caselaw 14258 Mad

Citation : 2021 Latest Caselaw 14258 Mad
Judgement Date : 16 July, 2021

Madras High Court

Marammal vs The Sub-Registrar on 16 July, 2021

                                                                                  W.P.No.14678 of 2010

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                 DATED : 16.07.2021

                                                      CORAM

                                   THE HONOURABLE MR.JUSTICE R. MAHADEVAN

                                            Writ Petition No.14678 of 2010

                  1.Marammal
                  2.Vellaimmal
                  3.Rajamani
                  4.Santhanam                                                       .. Petitioners

                                                       Versus

                  1.The Sub-Registrar
                    Thondamuthur
                    Coimbatore Sub-District
                    Coimbatore District

                  2.The Assistant Commissioner
                    HR and CE Department
                    Coimbatore.                                                     .. Respondents
                  (R2 suo motu impleaded by this Court
                  vide order dated 27.06.2018 made in
                  W.P.No.14678 of 2010)

                         Writ Petition filed under Article 226 of the Constitution of India to issue
                  a Writ of Mandamus, directing the respondents to register the pending sale
                  deeds 134 and 135 of 2007 in respect of the lands in Survey No.812/4A patta
                  No.999, Alandurai Village, Thondamuthur Sub-District, Coimbatore and
                  release the sale deeds.

                  For Petitioners            :     Mr. K.S. Gnanasambandan
                  For Respondents            :     Mr.Stalin Abimanyu
                                                   Government Advocate
https://www.mhc.tn.gov.in/judis/


                  1/6
                                                                                     W.P.No.14678 of 2010

                                                         ORDER

This writ petition is filed to issue a Writ of Mandamus, directing the 1st

respondent to register the pending sale deed Nos.134 and 135 of 2007 in

respect of the lands in Survey No.812/4A, patta No.999, Alandurai Village,

Thondamuthur Sub-District, Coimbatore and release the sale deeds.

2. According to the petitioners, after the death of their father, the

petitioners are in possession and enjoyment of the properties situate at

Alandurai Village, Coimbatore District. They have executed sale deeds after

receiving sale consideration from the purchasers. The property is an

agricultural patta land and a stone idol in the property become a place of

worship at the time of cultivation. There was no temple in that land. But in the

land register, it was wrongly entered as if there was a temple in that land and

based on such entries, the 2nd respondent directed the 1st respondent not to

from HR & CE Department. Aggrieved by the same, the petitioners have

come forward with this writ petition for the aforesaid relief.

3. The learned Government Advocate for the respondents filed a

counter affidavit, wherein it is inter alia stated that when the petitioners have https://www.mhc.tn.gov.in/judis/

W.P.No.14678 of 2010

admitted the existence of the temple in their land, an enquiry has to be

conducted to ascertain whether the temple is a public temple or not. According

to the learned Government Advocate, in similar circumstance, the Division

Bench of this Court, in the judgment in (Sudha Ravi Kumar and another vs.

the Special Commissioner and Commissioner, HR and CE Department,

Chennai and others) reported in 2017(3) CTC 135, while examining the

validity of the provisions contemplated under Section 22A of the Indian

Registration Act, directed the Sub-Registrar to conduct enquiry and thereafter,

proceed further in a manner known to law. By citing the Division Bench

decision of this Court, the learned Government Advocate prayed for similar

order to be passed in this writ petition as well.

4. The above said submission has been fairly conceded by the

learned counsel for the petitioners.

5. The issue involved in this Writ Petition is no longer res integra as

it was decided by a Division Bench of this court by issuing the following

directions:-

"25. In view of the above discussions, all the writ petitions are allowed and the impugned orders are set aside with the following directions:

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

W.P.No.14678 of 2010

(i) The registering authority before whom the document has been presented shall cause service of notice on the parties to the deeds and also to the objector / religious institution, hold summary enquiry, hear the parties and then either register or refuse to register the document by passing an order having regard to the relevant facts as indicated above.

(ii) If the registering authority, refuses to register any document by accepting the objections raised under Section 22- A of the Registration Act, the aggrieved may file a statutory appeal under the Act.

(iii) If the objections raised under Section 22-A of the Act by the religious institution are rejected and the document is registered, the remedy for the religious institution is to either approach this Court by way of a writ petition seeking cancellation of the registration or for any other relief or to approach the civil Court for declaration of the title and for other consequential reliefs.

(iv) If the registering authority refuses to register the document acting on the objections raised by a religious institution under Section 22-A of the Registration Act, the parties to the deed will be at liberty to straightaway approach the Civil Court for declaration of title and other relief without availing the opportunity for filing a statutory appeal.

(v) We further direct that if the deed has already been registered without there being any objection by the religious institution under Section 22-A of the Act, the document shall be returned to the parties concerned leaving it open for the religious institution to approach either the High Court under Article 226 of the Constitution of India or the Civil Court for appropriate relief as indicated above. At any rate, the registering authority shall not withhold the deed which has already been registered.

(vi) Consequently the connected miscellaneous petitions are closed. No costs."

6. In the light of the above decision of the Division Bench of this

Court, mentioned supra, the 1st respondent is directed to conduct an enquiry, https://www.mhc.tn.gov.in/judis/

W.P.No.14678 of 2010

and pass appropriate orders in the manner known to law, after affording an

opportunity of hearing to the petitioners, within a period of eight (8) weeks

from the date of receipt of a copy of this order.

7. With the above direction, this writ petition stands disposed of.

No costs.

16.07.2021 kj/rsh

1.The Sub-Registrar Thondamuthur Coimbatore Sub-District Coimbatore District

2.The Assistant Commissioner HR and CE Department Coimbatore.