Madras High Court
P.Pulagendhi vs The Inspector General Of Registration on 6 August, 2024
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
WP(MD). No.23038 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Date : 06/08/2024
CORAM
The Hon`ble Mr.Justice N.SATHISH KUMAR
WP(MD). No.23038 of 2019
P.Pulagendhi ... Petitioner
Vs
1. The Inspector General of Registration,
No.100, Santhome High Road,
Chennai.
2. The Sub Registrar,
Bodinayakkanur, Theni Dist. ... Respondents
PRAYER :- Writ Petition is filed under Article 226 of the Constitution
of India for issuance of a Writ of Mandamus to direct the 2 nd respondent
to register the gift settlement deed dt 19.9.2019 executed by the
petitioner in favour of his wife Manonmani in relating with the house site
measuring 900 sq.ft in S.no.642/3 bearing plot no.582, in Sri Kannika
Parameswari Amman nagar, Thevaram, without insisting no objection
certificate from the Tamilnadu H.R and C.E Dept as it is a denomination
temple and its properties and so H.R. and C.E has no role it
1/5
https://www.mhc.tn.gov.in/judis
WP(MD). No.23038 of 2019
For Petitioner : M/s.R.Suriyanarayanan
For Respondent : Mr.C.Sathish
Government Advocate
ORDER
This writ petition has been filed for a direction to the 2nd
respondent to register the gift settlement deed dt 19.9.2019 executed by
the petitioner in favour of his wife Manonmani in relating with the house
site measuring 900 sq.ft in S.No.642/3 bearing plot no.582, in Sri
Kannika Parameswari Amman nagar, Thevaram, without insisting no
objection certificate from the Tamilnadu H.R and C.E Department as it is
a denomination temple and its properties and so H.R. and C.E has no role
it.
2. It is the case of the petitioner that one Kannika Parameswari
Amman Temple a denomination temple has filed a suit in O.S.No.
190/1977 for declaration. The suit has been decreed in their favour,
wherein, the HR&CE department has been made as defendants. Not
stopping with that, the writ petitions have also been filed in WP Nos.
6948, 6896 and 6898 of 2015 against the Commissioner, HR&CE
https://www.mhc.tn.gov.in/judis
Department. This Court has allowed those writ petitions holding that the
said Kannika Parameswari Temple is a denomination temple, over which,
the HR&CE has no role to play in the administration of the temple. After
this matter reached finality, it appears that the private denomination
temple sold the property to the petitioner vide sale deed dated
15.12.2010, 10.02.2011 and 10.02.2011 respectively. Now, the
petitioner presented the settlement deed and the same is refused to be
registered on the ground that no objection certificate is required from the
HR&CE Department.
3. It is pertinent to note here that the respondents have not disputed
the earlier judgment. Perusal of the suit filed by the temple shows that the
Court below has granted declaration in favour of the temple holding that
it is a denomination temple and the HR&CE has no control over it. In
the writ petition also, it has been observed that the HR&CE Department
has no right over the temple. When rights have been determined and it
reached finality, issuance of no objection certificate from the HR&CE
Department does not arise. Accordingly, the respondents are directed to
register the document without insisting for the no objection certificate.
https://www.mhc.tn.gov.in/judis
4. The writ petition is disposed of with the above direction. No
costs.
06.08.2024
RR
TO
1. The Inspector General of Reg,
Istration, No.100, Santhome High Road,
Chennai.
2. The Sub Registrar,
Bodinayakkanur, Theni Dist.
https://www.mhc.tn.gov.in/judis
N.SATHISH KUMAR,J
RR
ORDER
IN
Date : 06/08/2024
https://www.mhc.tn.gov.in/judis
