Madras High Court
S.Sivakumar vs The District Registrar on 5 March, 2025
Author: N.Anand Venkatesh
Bench: N.Anand Venkatesh
Writ Petition No.5157 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 05.03.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
Writ Petition No.5157 of 2025
and
W.M.P.No.5731 of 2025
S.Sivakumar
S/o.Somasundaram ... Petitioner
Vs.
1.The District Registrar,
Coimbatore District,
Coimbatore.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment
Department,
Coimbatore District.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowment
Department,
Coimbatore, Coimbatore District.
4.The Joint Sub-Registrar No.1,
Office of the Joint Sub-Registrar I,
Rajaveedhi, South Coimbatore,
Coimbatore District. ... Respondents
Writ Petition filed under Article 226 of the Constitution of
India seeking issuance of a Writ of Certiorarified Mandamus calling for
the records of the fourth respondent herein pertaining to his proceeding
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1/6
Writ Petition No.5157 of 2025
in RFL/Joint Sub Registrar South Coimbatore/249/2024 dated
31.12.2024 and quash the same and further direct the fourth respondent
herein to register the Settlement Deed and return the same to the
petitioner.
For Petitioner : Mr.M.Selvam
For Respondents : Mr.R.Sasikumar,
Government Advocate [R1 & R4]
Mr.S.Ravichandran
Additional Government Pleader
[R2 & R3]
*****
ORDER
This writ petition has been filed challenging the impugned
refusal check slip dated 31.12.2024 issued by the fourth respondent and
for a consequential direction to the fourth respondent to register the
document presented for registration by the petitioner.
2. Heard Mr.M.Selvam, learned counsel for petitioner,
Mr.R.Sasikumar, learned Government Advocate appearing for
respondents 1 and 4 and Mr.S.Ravichandran, learned Additional
Government Pleader appearing for respondents 2 and 3.
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3. When the writ petition came up for hearing on 19.02.2025,
this Court passed the following order:
"Mr.R.Sasikumar, learned Government Advocate,
appearing for respondents 1 and 4.
2. Mr.S.Ravichandran, learned Additional Government
Pleader, takes notice for respondents 2 and 3.
3. Learned counsel for petitioner submitted that the
issue involved in the present writ petition is squarely covered by
the earlier order passed by this Court in W.P.No.1517 of 2015,
dated 04.03.2015 and that this writ petition pertains to the
adjacent property situated at S.No.384/1C.
4. Learned Additional Government Pleader shall take
instructions in this regard.
Post this writ petition at the end of the motion list on
05.03.2025."
4. When the matter was taken up for hearing today, no contra
instructions have been received by the learned Additional Government
Pleader appearing on behalf of respondents 2 and 3. In view of the same,
the earlier order passed by this Court will enure in favour of the
petitioner also since that case pertained to S.F.No.384/1E2 and 384/2B
and the present case pertains to Survey No.384/1C. For proper
appreciation, the relevant portions in the earlier order passed in
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W.P.No.1517 of 2015 dated 04.03.2015, is extracted hereunder:
"4. A perusal of that order relied upon by the learned
counsel for the petitioner would go to show that the learned
Single Judge, after following the earlier order passed in Writ
Petition Nos.1119, 1120, of 2013 etc., batch, dated 27.3.2013,
disposed of the W.P.No.231 of 2013. For better appreciation, the
operative portion of the common order rendered in Writ Petition
No.1119 of 2013 etc. batch, is extracted hereunder:-
"3. Today, learned counsel appearing for the
petitioners submitted that the matters in issue is covered by
the judgment of this Court made in W.P.No.29896 of
2011, which order was passed on 13.12.2011, by following
an earlier order made in W.P.No.23345 of 2006, dated
24.7.2006. The said order was challenged in Appeal in
I.A.No.1075 of 2011, which was also dismissed by the
Hon'ble First Bench on 15.06.2012. The learned Special
Government Pleader H.R. & C.E. for respondents 2 and 3
therefore, submitted that similar order may be passed in
these Writ Petitions also. The said facts are not disputed by
the learned Government Advocate appearing for the
respondents 1 and 4.
4. In view of the same, there will be a direction
to the respondents 1 and 4 to register and return the
documents to the petitioners without insisting upon any
'No objection certificate' within a period of two weeks
from the date of receipt of a copy of this order. It is made
clear that this order shall not be treated as conferring title
to the petitioners in any legal or other proceedings.
These Writ Petitions are disposed of
accordingly".
5. Considering the fact that following the order, dated
27.3.2013, (quoted supra) several Writ Petitions were disposed of
by this Court, coupled with the further fact that the learned
Special Government Pleader for the respondents 1 and 2 and the
learned Government Advocate 3 and 4 have no objection in
following the order dated 17.2.2014, passed in W.P.No.231 of
2013, viz., the order relied upon by the learned counsel for the
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petitioners, the present Writ Petition is also disposed of in the
same line, i.e., directing the third and fourth respondents to
register the sale deed presented by the petitioners in respect of the
property, more fully described in Para No.2 of this order, and
return the same to the petitioner without insisting upon any
'NOC'. It is also made clear that this order will not confer any title
to the petitioners in any legal or other proceedings and it is
subject to scrutiny. No costs. Consequently, the connected M.Ps.
are closed."
5. In view of the above, the impugned refusal check slip issued
by the fourth respondent dated 31.12.2024 is hereby quashed and there
shall be a direction to the fourth respondent to register the document, if it
is otherwise in order without insisting upon any No Objection Certificate.
This writ petition is allowed with the above direction. No costs.
Consequently, connected miscellaneous petition is closed.
05.03.2025
Neutral Citation: Yes/No
Index: Yes/no
Speaking Order/Non-Speaking Order
gm
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N.ANAND VENKATESH, J
gm
To
1.The District Registrar,
Coimbatore District,
Coimbatore.
2.The Joint Commissioner,
Hindu Religious and Charitable Endowment
Department,
Coimbatore District.
3.The Assistant Commissioner,
Hindu Religious and Charitable Endowment
Department,
Coimbatore, Coimbatore District.
4.The Joint Sub-Registrar No.1,
Office of the Joint Sub-Registrar I,
Rajaveedhi, South Coimbatore,
Coimbatore District.
05.03.2025
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