Madras High Court
G.Sarala vs The District Collector on 29 June, 2021
W.P.(MD).No.18519 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 29.06.2021
CORAM:
THE HON'BLE MR.JUSTICE N.ANAND VENKATESH
W.P.(MD).No.18519 of 2020
and W.M.P.(MD)No.15480 of 2020
G.Sarala ... Petitioner
Vs.
1.The District Collector,
Madurai District,
Madurai.
2.The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Madurai District,
Madurai.
3.The Executive Officer/Assistant Commissioner,
Arulmigu Subramania Swamy Thirukovil,
Thirupparankundram,
Madurai.
4.The Tahsildar,
Thirupparankundram Taluk,
Madurai.
5.The Sub Registrar,
Thirupparankumdram,
Madurai. ... Respondents
1/8
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.18519 of 2020
Prayer: Writ petition filed under Article 226 of the Constitution of India,
for the issuance of Writ of Certiorarified Mandamus, calling for the
records relating to the impugned order passed by the 5th respondent in
RFL/Thiruparankumdram 6/2020, dated 26.02.2020 and quash the same
and consequently to direct the 5th respondent to register the document
submitted by the petitioner in the light of the judgment in W.P.(MD)Nos.
11008 and 11031 of 2019 dated 30.04.2019.
For Petitioner : Mr.R.Murali
For Respondents : Mr.M.Lingadurai
Govt. Advocate for R1, R2, R4 & R5
Mr.S.Manohar for R3
ORDER
This Writ Petition has been filed challenging the impugned refusal
check slip issued by the fifth respondent dated 26.02.2020 and for a
consequential direction to the fifth respondent to register the document
submitted by the petitioner.
2. The case of the petitioner is that the subject property absolutely
belongs to her daughter, by virtue of a registered sale deed, registered as
Document No.760/2013, registered on the file of the fifth respondent.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.18519 of 2020
The daughter of the petitioner is residing abroad and she seems to have
given a general power of attorney in favour of the petitioner. The
petitioner, by virtue of the power of attorney executed in her favour,
wanted to sell the property and a sale deed was executed on 27.01.2020
and presented for registration before the fifth respondent. The fifth
respondent has rejected the registration of the sale deed, through the
impugned refusal check slip, on the ground that an objection has been
received from the third respondent to the effect that the property belongs
to the temple. Aggrieved by the same, the present Writ Petition has been
filed before this Court.
3. Heard Mr.R.Murali, learned counsel for the petitioner,
Mr.M.Lingadurai, learned Government Advocate appearing for the
respondents 1, 2, 4 and 5 and Mr.S.Manohar, learned counsel appearing
for the third respondent.
4. In the considered view of this Court, the issue involved in the
present Writ petition is squarely covered by the judgment of the Division
Bench of this Court in Sudha Ravi Kumar and others Vs. The Special
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.18519 of 2020
Commissioner and Commissioner, Hindu Religious and Charitable
Endowments Department and Ors. reported in 2017 (3) CTC 135. It
will be relevant to extract para 25 of the judgment herein:
“25. In view of the above discussions, all the writ
petitions are allowed and the impugned orders are set aside
with the following directions:
(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
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W.P.(MD).No.18519 of 2020
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”
5. In view of the above, there shall be a direction to the fifth
respondent to conduct an enquiry in accordance with the above
guidelines by affording opportunity to the petitioner and the third
respondent and take a decision regarding the registration of the
document, within a period of four weeks from the date of receipt of a
copy of this order.
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W.P.(MD).No.18519 of 2020
6. This Writ Petition is disposed of with the above directions. No
costs. Consequently, connected miscellaneous petition is closed.
29.06.2021
Index :Yes/No
Internet : Yes/No
vsm
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.18519 of 2020
To
1.The District Collector,
Madurai District,
Madurai.
2.The Assistant Commissioner,
Hindu Religious and Charitable
Endowment Department,
Madurai District,
Madurai.
3.The Executive Officer/Assistant Commissioner,
Arulmigu Subramania Swamy Thirukovil,
Thirupparankundram,
Madurai.
4.The Tahsildar,
Thirupparankundram Taluk,
Madurai.
5.The Sub Registrar,
Thirupparankumdram,
Madurai.
https://www.mhc.tn.gov.in/judis/
W.P.(MD).No.18519 of 2020
N.ANAND VENKATESH.J.,
vsm
W.P.(MD).No.18519 of 2020
and W.M.P.(MD)No.15480 of 2020
29.06.2021
https://www.mhc.tn.gov.in/judis/
