Madras High Court
N.Panneerselvam vs The Sub-Registrar on 26 April, 2023
WP No.12978 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 26-04-2023
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
WP No.12978 of 2023
1.N.Panneerselvam
2.M.Sathiamurthi ... Petitioners
Vs.
1.The Sub-Registrar, Joint II,
Thiruppadiripuliyur,
Cuddalore – 607 002.
2.The Executive Officer,
A/M Padaleeswarar Thirukkoil,
Thiruppadiripuliyur,
Cuddalore – 607 002.
3.The Commissioner,
Hindu Religious and Charitable Endowments Board,
Nungambakkam High Road,
Nungambakkam,
Chennai-600 034. ... Respondents
Page 1 of 8
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WP No.12978 of 2023
Prayer: Writ Petition filed under Article 226 of the Constitution of India
for issuance of a Writ of Certiorarified Mandamus, calling for the records
and quash the impugned refusal order dated 27.02.2023 passed by the first
respondent in RFL/Joint-II, Cuddalore/3/2023 and consequently direct the
first respondent to register the Sale Deed dated 23.02.2023.
For Petitioners : Mr.D.Baskar
For Respondent-1 : Mr.S.Ravichandran,
Additional Government Pleader.
For Respondents-2 and 3 : Mr.N.R.R.Arun Natarajan,
Special Government Pleader
(HR&CE)
ORDER
The refusal of Check Slip issued by the first respondent-Sub-
Registrar, Joint II, Thiruppadiripuliyur in proceedings dated 27.02.2022, is
under challenge in the present writ petition.
2. The petitioners state that a layout has been formed at 'PRS
Nagar', Koothapakkam Village, Cuddalore Taluk, Cuddalore District. The
petitioners further state that they did not obtain approval for layout and had
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WP No.12978 of 2023
sold 22 plots, which all are registered by the first respondent. There are 271
more plots to be sold.
3. The petitioners have presented all the relevant documents for
registration of plot and the Sub Registrar issued the refusal Check Slip
stating that the second respondent-Temple raised an objection for
registration of any documents in respect of the subject property.
4. The learned Special Government Pleader (HR&CE)
appearing on behalf of the respondents 2 and 3, made a submission that the
Temple Authorities have submitted an objection letter to the Sub Registrar
not to register any documents in respect of the subject property, which
belongs to the temple.
5. In such circumstances, an enquiry is to be conducted by
affording an opportunity to all the parties concerned. The issues in this
regard are no more res integra as it has been decided by the Division Bench
of this Court in a batch of writ petition Nos.30589 of 2013 etc., batch dated
05.04.2017, wherein in paragraph-25, it has been observed as under:-
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WP No.12978 of 2023
“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
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WP No.12978 of 2023
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
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WP No.12978 of 2023
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 view of the abovesaid judgment of the Hon'ble Division
Bench of this Court, the Sub Registrar has to conduct an enquiry with
reference to the documents presented by the petitioners and thereafter take a
decision on merits and in accordance with law. The petitioners are at liberty
to raise their objections or otherwise by availing an opportunity to be
provided. The Sub-Registrar shall issue notice to the Temple Authorities
and all other parties, who all are connected with the subject property in
question and thereafter take an appropriate decision.
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WP No.12978 of 2023
7. With the abovesaid directions, the writ petition stands
disposed of. However, there shall be no order as to costs.
26-04-2023
Index : Yes/No 1/3
Internet: Yes/No
Speaking order/Non-Speaking order
Neutral Citation : Yes/No
Svn
To
1.The Sub-Registrar, Joint II,
Thiruppadiripuliyur,
Cuddalore – 607 002.
2.The Executive Officer,
A/M Padaleeswarar Thirukkoil,
Thiruppadiripuliyur,
Cuddalore – 607 002.
3.The Commissioner,
Hindu Religious and Charitable Endowments Board,
Nungambakkam High Road,
Nungambakkam,
Chennai-600 034.
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WP No.12978 of 2023
S.M.SUBRAMANIAM, J.
Svn
WP 12978 of 2023
26-04-2023
https://www.mhc.tn.gov.in/judis
