Madras High Court
D.Kulanthai Theresa vs The District Registrar on 17 November, 2022
W.P(MD).No.2586 of 2016
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 17.11.2022
CORAM:
THE HONOURABLE MR.JUSTICE R.VIJAYAKUMAR
W.P.(MD)No.2586 of 2016
D.Kulanthai Theresa ... Petitioner
-vs-
1. The District Registrar,
Ramanathapuram,
Ramanathapuram District.
2. The Sub Registrar,
Office of the Sub Registrar,
Velipattanam,
Ramanathapuram,
Ramanathapuram District.
3. The Assistant Commissioner,
Hindu Religious and Charitable Endowment Department,
Paramakudi,
Ramanathapuram District. .... Respondents
PRAYER: Writ Petition is filed under Article 226 of the Constitution of
India for issuance of a Writ of Certiorarified Mandamus to call for the
records of the second respondent herein in his proceedings in Memorandum
No.2/2013, dated 03.07.2013 and quash the same and direct the second
respondent to register the Document in respect of the land situated in
1/7
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W.P(MD).No.2586 of 2016
Survey No.440 and Plot No.18, measuring 5 cents in Pattanamkathan
Village, Ramnad District as an when the documents presented for
registration by the petitioner.
For Petitioner : Mr.G.Chandrasekar
For R-1 & R-2 : Mr.S.R.A.Ramachandran
Additional Government Pleader
For R-3 : Mr.P.Subbaraj
Special Government Pleader
ORDER
The present Writ Petition has been filed challenging a Memo issued
by the second respondent herein, refusing to entertain a Sale Deed presented
for registration, on the ground that the land belongs to Subramania Swamy
Temple, Melayakudi Village, Paramakudi Taluk, Ramanathapuram District.
2. According to the learned Counsel for the petitioner, he is the
absolute owner of the property and there are no documents in favour of the
Temple. However, based upon a letter addressed by the Inspector General of
Registration, dated 18.02.2009, the second respondent has refused to
entertain the Document. Hence, the present Writ Petition.
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W.P(MD).No.2586 of 2016
3. Per contra, the learned Special Government Pleader appearing for
the third respondent had relied upon a registered Will in Document No.2 of
1925, dated 08.09.1924, under which, he claims that the property has been
endowed in favour of the Temple. He further relied upon the Temple records
to indicate that Survey Number in dispute is a Temple property. However,
according to the learned Counsel for the petitioner, these documents do not
reflect that the land belongs to the Temple or some erroneous self serving
entries have been made by the third respondent or Temple concerned.
4. The learned Counsel for the petitioner brought to the notice of this
Court the Judgment of the Honourable Division Bench in (Sudha Ravi
Kumar Vs. The Special Commissioner and Commissioner of Hindu
Religious and Charitable Endowments Department) reported in (2017) 3
CTC Page 135. The Honourable Division Bench of this Court has laid down
the procedure to be followed by the registering authorities whenever an
objection is raised by the Temple relating to the registration of a document.
If an objection is raised as contemplated under Section 22-A of Registration
Act, the Sub Registrar has been directed to conduct a summary enquiry after
giving due opportunity to both the parties. Paragraph No.26 of the said
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W.P(MD).No.2586 of 2016
judgment of this Court, is extracted as follows:-
26. 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
institution under section 22-A of the Registration Act, the
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W.P(MD).No.2586 of 2016
parties to the deed will be at liberty to straightway
approach the civil Court for declaration of title and other
relief without availing the opportunity for filing a statutory
appeal.
5. In view of the above said judgment of the Honourable Division
Bench of this Court, in the present case, neither the petitioner nor the third
respondent Temple has been called for a summary enquiry and the written
Memo has been issued by the second respondent herein. Accordingly, the
written Memo impugned in the Writ Petition is set aside and the matter is
remitted back to the file of the second respondent herein. The second
respondent shall adhere to the judgment of the Honourable Division Bench
of this Court as cited supra and the aggrieved party is directed to follow the
procedure laid down in the said judgment.
6. With the above said observation, this Writ Petition stands allowed.
There shall be no order as to costs.
17.11.2022
Index : Yes / No 4/12
Internet : Yes / No
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W.P(MD).No.2586 of 2016
To
1. The District Registrar,
Ramanathapuram,
Ramanathapuram District.
2. The Sub Registrar,
Office of the Sub Registrar,
Velipattanam,
Ramanathapuram,
Ramanathapuram District.
3. The Assistant Commissioner,
Hindu Religious and Charitable Endowment Department,
Paramakudi,
Ramanathapuram District.
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W.P(MD).No.2586 of 2016
R.VIJAYAKUMAR,J.
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W.P.(MD)No.2586 of 2016
17.11.2022
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