Madras High Court
Senthil Kumaran vs The Inspector General Of Registration on 2 June, 2025
Author: G.R.Swaminathan
Bench: G.R.Swaminathan
W.A(MD)No.1209 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 02.06.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN
and
THE HONOURABLE MR.JUSTICE K.RAJASEKAR
W.A(MD)No.1209 of 2025
Senthil Kumaran ... Appellant /
Petitioner
Vs.
1.The Inspector General of Registration,
No.100, Santhome High Road,
Chennai – 28.
2.The District Registrar,
Madurai North,
Madurai.
3.The Tahsildar,
Madurai North,
Madurai.
4.The Joint Commissioner,
Arulmigu Meenakshi Sundareshwarar Temple,
Madurai.
5.The Sub-Registrar,
District Registrar Cadre,
Tallakulam,
Madurai.
1/6
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 06:09:28 pm )
W.A(MD)No.1209 of 2025
6.Sooravali Subbaiyar Charities,
Represented by its
Chairman cum Managing Trustee,
No.19, Tamil Sangam Road,
Madurai. ... Respondents /
Respondents
Prayer: Writ Appeal filed under Clause 15 of the Letters Patent to set aside the
order passed by the learned Judge in W.P(MD)No.8749 of 2023 dated
03.12.2024.
For Appellant : Mr.T.Leninkumar
For Respondents : Mr.S.Shaji Bino
Special Government Pleader
for R.1 to R.3 & R.5
Mr.V.R.Shanmuganathan
for R.4
JUDGMENT
(Judgment of the Court was made by G.R.Swaminathan J.)
Heard both sides.
2.The appellant herein purchased the petition mentioned property
from a person who was cultivating the land in question. The property actually
belongs to a Trust. The appellant wanted to create a mortgage over the
property. When he presented the memorandum of deposit of title deed, the
registering authority declined to register the same by citing the objection
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 06:09:28 pm )
received from Arulmigu Meenakshi Amman Temple. Challenging the refusal
check slip, the appellant filed W.P(MD)No.8749 of 2023. The learned single
Judge disposed of the Writ Petition on 03.12.2024 in the following terms:
“4. If any objections raised by the temple, the
registering authority ought to have conduct an enquiry under
Section 22-A of the Registration Act. Mere objection by way of
letter won't be sufficient to refuse the registration of the
documents. In this regard, the Hon'ble Division Bench of this
Court in the case of Sudha Ravikumar v. The Special
Commissioner reported in AIR 2017 Mad 203, held as follows:-
"the registering authority is not bestowed with any
quasi-judicial function to hold a roving enquiry in
respect of the title to the property. But he has to hold
a summary enquiry for the limited purpose of
satisfying himself that the document deserves to be
registered. Such enquiry is neither judicial nor quasi-
judicial."
5. Admittedly, the fifth respondent did not conduct any
enquiry and on receipt of the objections from the temple,
mechanically refused to register the title deeds.
6. In view of the above, the petitioner is directed to re-
present the Memorandum of Deposit of Title Deeds, dated
08.12.2022 for registration before the fifth respondent. On
receipt of the same, the fifth respondent is directed to issue
notice to the petitioner as well as the objectors, if any, and
conduct an enquiry under Section 22-A of the Registration Act
and pass appropriate orders on merits and in accordance with
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 06:09:28 pm )
law, after giving an opportunity of hearing to both parties,
within a period of twelve weeks thereafter.”
3.In our view the learned single Judge had merely followed the
directions given by the Hon'ble Division Bench in Sudha Ravi Kumar's case.
The impugned order is not in any way adverse to the appellant. Interference
with the said order is not warranted.
4.This Writ Appeal stands dismissed. There shall be no order as to
costs.
[G.R.S., J.] [K.R.S., J.]
02.06.2025
NCC : Yes / No
Internet : Yes / No
Index : Yes / No
MGA
To
1.The Inspector General of Registration,
No.100, Santhome High Road,
Chennai – 28.
2.The District Registrar,
Madurai North,
Madurai.
3.The Tahsildar,
Madurai North, Madurai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 06:09:28 pm )
4.The Joint Commissioner,
Arulmigu Meenakshi Sundareshwarar Temple,
Madurai.
5.The Sub-Registrar,
District Registrar Cadre,
Tallakulam,
Madurai.
6.Chairman cum Managing Trustee,
Sooravali Subbaiyar Charities,
No.19, Tamil Sangam Road,
Madurai.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 06:09:28 pm )
G.R.SWAMINATHAN, J
and
K.RAJASEKAR, J.
MGA
02.06.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 06/06/2025 06:09:28 pm )
