Madras High Court
P.Sakunthala vs The Joint Registrar – 2 on 24 February, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.5754 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 24.02.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.5754 of 2025
P.Sakunthala
W/o.Periyasamy Gounder ... Petitioner
Vs.
1. The Joint Registrar – 2
Nallur Sub-Registrar Office
Tirupur.
2. Arulmighu Veeraraghava Perumal Temple
Represented by its Executive Officer
Tirupur. ... Respondents
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Certiorarified Mandamus calling for
the records relating to the impugned order dated 31.12.2024 passed by
the first respondent in Na.Ka.No.319 of 2024 and quash the same and
consequently direct the first respondent to register documents in respect
of 2790 sq.ft of house site in T.S.No.74/1, Survey No.203 of Tirupur
Village, Tirupur South Taluk, Tirupur District.
For Petitioner : Mrs.AL.Ganthimathi
Senior Counsel for Mr.Titus Enock
For Respondents : Mr.B.Vijay
Additional Government Pleader [R1]
Mr.N.R.R.Arun Natarajan
Special Government Pleader [R2]
*****
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Writ Petition No.5754 of 2025
ORDER
This writ petition has been filed challenging the impugned
proceedings dated 31.12.2024 issued by the first respondent and for a
consequential direction to the respondent to register the document
pertaining to the subject property without insisting for ‘No Objection
Certificate’ from the second respondent temple.
2. Heard Mrs.AL.Ganthimathi, learned Senior Counsel
appearing for petitioner, Mr.B.Vijay, learned Additional Government
Pleader appearing for first respondent and Mr.N.R.R.Arun Natarajan,
learned Special Government Pleader appearing for second respondent.
3. The specific case of the petitioner is that he is the owner of
the subject property through a registered sale deed dated 03.12.2014. The
petitioner is tracing title to the subject property from the year 1923
onwards and according to the petitioner, the ‘A’ register also stood in the
name of one Appachi Iyengar and thereafter, patta was mutated in the
name of the petitioner. The petitioner wanted to deal with the subject
property and when the document was presented for registration before
the first respondent, the same was not entertained and the petitioner was
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asked to get ‘No Objection Certificate’ from the second respondent
temple through the impugned proceedings dated 31.12.2024. The same
has been put to challenge in the present writ petition.
4. Learned Senior Counsel appearing on behalf of the
petitioner submitted that a similar writ petition was filed in W.P.No.2682
of 2024 before this Court and the said writ petition came to be dismissed
by an order dated 07.03.2024. Aggrieved by the same, W.A.No.2395 of
2024 was filed and this writ appeal was allowed by directing the Sub-
Registrar to register the document. This Court also gave liberty to both
parties to raise all the grounds in the pending suit. Learned Senior
Counsel submitted that the petitioner is also similarly placed like that of
the petitioner in W.P.No.2682 of 2024.
5. Taking note of the judgment passed by the Division Bench
in W.A.No.2395 of 2024, dated 09.09.2024 and also taking note of the
judgment of the Division Bench in Sudha Ravi Kumar and another v.
The Special Commissioner and others [2017 (3) CTC 135], there shall
be a direction to the first respondent to conduct a summary enquiry based
on the documents that are presented by the petitioner and the first
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N.ANAND VENKATESH, J
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respondent shall also take note of the judgment passed by the Division
Bench in W.A.No.2395 of 2025, dated 09.09.2024 and an opportunity
shall be afforded to the second respondent and a decision shall be taken
regarding entertaining of documents with respect to the subject property,
within a period of four (4) weeks from the date of receipt of a copy of
this order.
In the result, this writ petition is disposed of with the above
direction. No costs.
24.02.2025
Neutral Citation: Yes/No
Index: Yes/no
Speaking Order/Non-Speaking Order
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To
1. The Joint Registrar – 2
Nallur Sub-Registrar Office
Tirupur.
2. The Executive Officer,
Arulmighu Veeraraghava Perumal Temple
Tirupur.
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