Madras High Court
C.Nandakumar vs The Joint Commissioner on 3 November, 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 03-11-2025
CORAM
THE HONOURABLE MR.JUSTICE P.B. BALAJI
W.P.No.41090 of 2025
and
WMP.Nos.46053 & 46054 of 2025
C.Nandakumar ... Petitioner
Vs.
1.The Joint Commissioner,
Hindu Religious & Charitable
Endowments (HR&CE) Department,
Tiruppur – 641 604.
2.Arulmigu Pongaluramman
Called as Neelakandiamman Temple
Represented by its Thakkar/
Executive Officer,
Hindu Religious & Charitable Endowments
(HR&CE) Department,
Tiruppur District. ... Respondents
PRAYER: The writ petition filed under Article 226 of Constitution of
India to issue a writ of certiorari to call for the records pertaining to the
impugned order passed by the 1st respondent in Na.Ka.No.10361/2023/A4,
dated 16.10.2023, as well as the consequential proceedings issued by the 1st
respondent in Na.Ka.No.10361/2023/A4, dated 15.07.2025 and to quash
the same as arbitrary, illegal and unsustainable in law.
For Petitioner ... Mr.M.Mahamani
For respondents ...
Mr.N.RR.Arun Natarajan
Spl.Govt.Pleader for (HR&CE)
ORDER
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Heard Mr.M.Mahamani, learned counsel for the petitioner and
Mr.N.RR.Arun Natarajan, Spl.Govt.Pleader for the respondents.
2.The learned counsel for the petitioner states that the petitioner is
aggrieved by the communications of the HR & CE department addressed
to the Registering Authority to prohibit and not permit registration
pertaining to certain Survey Numbers, one of which property along
according to the petitioner, belongs to the petitioner. The communications
in Na.Ka.No.10361/2023/A4, dated 15.07.2025 and
Na.Ka.No.10361/2023/A4, dated 16.10.2023, are under challenge.
3.The learned counsel for the petitioner further states that the
proceedings have already attained finality in CMA and now, there has
been an attempt to re-agitate the very same issue once again by filing fresh
Civil Miscellaneous Appeal proceedings, one by the Department and one
by the private respondents. He would further state that the petitioner has
been in enjoyment of the property for the past several decades and that
under the guise of the impugned communications, the petitioner is
prevented from enjoying his property including power of
encumbrance/alienation.
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4.Per contra, Mr.N.RR.Arun Natarajan, learned Spl.Govt.Pleader
appearing for the respondents department would invite my attention to the
Division Bench judgment of this Court in Sudha Ravi Kumar Vs. The
Special Commissioner and Commissioner, Hindu Religious and
Charitable Endowments Department, Chennai – 34 and two others
reported in (2017) 3 CTC 135, where this court issued certain directions
which are extracted for easy reference ;
“ 26. 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
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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 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 straight away 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 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.”
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Relying on the Division Bench judgment of this Court, Mr.Arun Natarajan
would state that if at all the petitioner intends to encumber the property,
then he has to follow the directions issued by the Division Bench of this
Court and so far, the petitioner has not made any application to the Sub
Registrar as contemplated the directions issued by the Division Bench of
this Court at para 26 of the said judgment.
5. I have carefully considered the submissions advanced by the
learned counsel on either side.
6.It appears that, as on date, the petitioner has not presented any
document for registration with the registering authorities. His only
grievance is that, the matter has already attained finality and hence, the
petitioner cannot be prohibited from encumbering or alienating the
property, which admittedly belongs to him. Under these circumstances, he
challenges the communication of the department addressed to the Sub
Registrar, Palladam in Na.Ka.No.10361/2023/A4, dated 16.10.2023. Now
the petitioner states that in view of the matter having attained finality, the
respondents could not have issued the subsequent communication
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Na.Ka.No.10361/2023/A4, dated 15.07.2025, which clearly violates his
settled rights.
7.In the light of the ratio laid down by the Hon'ble Division Bench of
this Court, I am inclined to dispose of the writ petition in the manner
following:
the petitioner intends to encumber or alienate the subject
property, then it shall be open to him to make a request to the
Sub Registrar concerned, by presenting the document and on such
document being presented, the Sub Registrar shall conduct
summary enquiry, hear the interested parties and then pass an
order either registering the document or refusing to register
document. The aggrieved party, whomsoever it may be, shall be
bound to follow the other directions issued by the Division
Bench of this Court, thereafter.
8.In view of the above, the writ petition stands disposed of. No costs.
Consequently, connected miscellaneous petition is closed.
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Index : Yes/No 03.11.2025
Internet: Yes/No
sms
To
1.The Joint Commissioner,
Hindu Religious & Charitable
Endowments (HR&CE) Department,
Tiruppur – 641 604.
2.Arulmigu Pongaluramman
Called as Neelakandiamman Temple
Represented by its Thakkar/
Executive Officer,
Hindu Religious & Charitable Endowments
(HR&CE) Department,
Tiruppur District.
P.B. BALAJI,J.,
sms
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and
WMP.Nos.46053 & 46054 of 2025
03.11.2025
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