Madras High Court
Hemalatha vs The Sub Registrar on 17 November, 2021
W.P.No.18540 of 2020
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.11.2021
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P. No.18540 of 2020
& W.M.P.No.22984 of 2020
Hemalatha ... Petitioner
-Vs-
1. The Sub Registrar,
Sowcarpet,
Davidson Street,
Chennai 600 001.
2. The Executive Officer,
Sri Chennai Malleeswara and
Chennakesavalu Devasthanam Temple,
N.S.C.Bose Road,
Chennai – 600 001. ... Respondents
Prayer :- Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Mandamus, to direct the first respondent
to register the document P-33/2010 and to assign regular number forthwith and
release the same without insisting for an No objection Certificate from the
temple authorities.
For Petitioner : Mr.R.Priyakumar
For Respondents
For R1 : Mr.Yogesh Kannadasan
Special Government Pleader
For R2 : Mr.V.Guhan
https://www.mhc.tn.gov.in/judis
Page 1 of 6
W.P.No.18540 of 2020
ORDER
The Writ Petition has been filed to direct the first respondent to
register the document P-33/2010 and to assign regular number forthwith and
release the same without insisting for an No objection Certificate from the
temple authorities.
2. The case of the petitioner is that she has lease hold right over the
property bearing Municipal Door No.12, Perumal Koil Garden, 6th land, Old
Door No.11/12, Sowcarpet, George Town, Chennai. Originally, the said
property owned by the second respondent and the super structure built on the
said property owned by G.Kondamma and G.Srinivasulu. They had purchased
the said super structure from G.Ramamuthy and G.Jayamma by the registered
sale deed dated 09.12.1992 vide document No.978 of 1992. In turn, the
petitioner purchased the said super structure from the said G.Kondamma &
G.Srinivasulu and presented the sale deed for registration before the second
respondent. However, the said sale deed was kept pending as document No.33
of 2010 without registering the same. Hence, the petitioner filed this present
Writ Petition with the above said prayer.
https://www.mhc.tn.gov.in/judis
W.P.No.18540 of 2020
3. Heard Mr.R.Priyakumar, learned counsel appearing for the
petitioner, Mr.Yogesh Kannadasan, learned Special Government Pleader
appearing for the first respondent and Mr.V.Guhan, learned counsel appearing
for the second respondent.
4. The learned counsel appearing for the petitioner relied upon the
order dated 16.02.2015 passed by this Court in W.P.No.23459 of 2015, in the
case of B.Dhandapani Vs. The Sub Registrar & anr., in which, this Court
passed order in the similarly placed matter, by relying upon the order dated
21.03.2013 passed by the Hon'ble Division Bench of this Court in
W.A.No.193 of 2013, which held as follows :-
"5. The Honourable First Bench of this Court,
following the decision of the Honourable Supreme
Court, disposed of the Writ Appeal by passing the
following order:-
This writ appeal is filed against the order
passed by the learned Single Judge in W.P.No.22693
of 2010 dated 12.7.2012 wherein the appellant has
prayed for the issuance of a writ of Mandamus
directing the second and third respondents to register
and return the document No.P.200800019 dated
27.3.2008 bearing Receipt No.738 to the petitioner
without insisting upon any No Objection Certificate".
https://www.mhc.tn.gov.in/judis
W.P.No.18540 of 2020
2. The appellant has purchased only a
superstructure which was put up on the land owned by
Arulmighu Parthasarathy Temple, Triplicane. The
grievance of the appellant is that she is having right
over the superstructure, for which a document is
sought to be registered, without any claim over the
land owned by the temple and the registering authority
is insisting to get 'No Objection" from the temple for
registration.
3. The same issue was considered by the
Honourable Apex Court in State of Rajasthan and
others Vs. Basant Nahata reported in 2005 (4) CT 606
which was followed by the Division Bench of this
Court in W.A.No.1923 of 2005 dated 16.11.2005 and
various orders were passed by this Court to register
the document presented for registration of the
superstructure alone, without insisting for "No
Objection Certificate"from the temple authorities.
4. The appellant also filed an affidavit of
undertaking before this court stating that she will not
claim any lease hold right based on the document, if
registered. The undertaking given by the appellant is
to make necessary correction in the sale deed only for
superstructure. The said undertaking in the memo
filed by the learned counsel for the appellant is
recorded. Following the above said Judgement, we
allow the writ appeal with a direction to the third
https://www.mhc.tn.gov.in/judis
W.P.No.18540 of 2020
respondent to register the document presented by the
appellant without insisting for "No Objection
Certificate" from the temple authority. We make it
clear that this order shall not be treated as conferring
title to the appellant in any further proceedings. No
costs."
5. In the light of the above judgment, the first respondent is directed
to register and release the sale deed dated 21.05.2010, pending in document
No.33 of 2010 without insisting issuance of No Objection Certificate from the
second respondent, within in a period of two weeks from the date of receipt of
a copy of this Order. It is made clear that the registration of sale deed does not
confer any title on the petition over the property except the super structure.
6. With the above directions, the Writ Petition stands allowed.
Consequently, connected miscellaneous petition is closed. There shall be no
order as to costs.
17.11.2021
Internet : Yes
Index : Yes/No
Speaking order/Non-speaking order
rts
https://www.mhc.tn.gov.in/judis
W.P.No.18540 of 2020
G.K.ILANTHIRAIYAN, J.
rts
To
1. The Sub Registrar,
Sowcarpet,
Davidson Street,
Chennai 600 001.
2. The Executive Officer,
Sri Chennai Malleeswara and
Chennakesavalu Devasthanam Temple,
N.S.C.Bose Road,
Chennai – 600 001.
W.P. No.18540 of 2020
& W.M.P.No.22984 of 2020
17.11.2021
https://www.mhc.tn.gov.in/judis
