Madras High Court
S.Mani vs The Sub-Registrar on 20 January, 2025
Author: P.T. Asha
Bench: P.T. Asha
W.P.No.22168 of 2024
IN THE HIGH COURT OF JUDICATURE AT MADRAS
Dated : 20.01.2025
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
W.P.No. 22168 of 2024
S.Mani ...Petitioner
Vs.
1.The Sub-Registrar,
Palladam,
Tiruppur District.
2.The Commissioner
Hindu Religious and Charitable Endowment Department,
Uttamar Gandhi Salai,
Nungambakkam
Chennai - 600 034.
3.The Joint Commissioner
Hindu Religious and Charitable Endowment Department,
Room No.12, New Commerical Complex,
1st floor, Cotton Market Complex,
Palladam Road,
Tirupur - 641 604. ...Respondents
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W.P.No.22168 of 2024
Prayer: Writ Petition is filed under Article 226 of the Constitution of
India to issue a Writ of Certiorarified Mandamus, calling for the
records of the 1st respondent in his proceedings in refusal no. RFL/
Palladam/ 23/ 2024 dated 15.07.2024 and quash the order dated
15.07.2024 and consequently direct the 1st respondent to register the
sale deed dated 15.07.2024 executed by S.Vedanayaki in favour of the
petitioner in respect to properties totally measuring 2 acres and 1 cent
in S.Nos.61/2a, 61/2b, 61/2d, 61/3a, 61/3b and 61/3c in Alagumalai
Village, Tirupur South Taluk, Tirupur District.
For Petitioner : Mr. M.Sivavarthanan
For Respondent 1: Mr. B.Vijay
Additional Government Pleader
For Respondents : Mr. N.R.R.Arun Natarajan
2&3 Special Government Pleader.
ORDER
The Writ Petition is filed for the following relief:
“To call for the records of the 1st respondent in his proceedings in refusal no. RFL/ Palladam/ 23/ 2024 dated 15.07.2024 and quash the order dated 15.07.2024 2/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 12:30:03 pm ) W.P.No.22168 of 2024 and consequently direct the 1st respondent to register the sale deed dated 15.07.2024 executed by S.Vedanayaki in favour of the petitioner in respect to properties totally measuring 2 acres and 1 cent in S.Nos.61/2a, 61/2b, 61/2d, 61/3a, 61/3b and 61/3c in Alagumalai Village, Tirupur South Taluk, Tirupur District.”
2. The Petitioner purchased 2 acres and 1 cent of land in Alagumalai Village, Tirupur South Taluk. The land was bought from one S. Vedhanayaki, who acquired it through a Settlement Deed dated 27.07.2022. Vedhanayaki's husband, N. Subramani, had previously obtained the land through various sale deeds between 2010 and 2011. The land was originally part of a larger extent measuring 5.89-acre in S. No. 61/2, classified as Inam lands. The inam is a Devadayam for the Kailasenadhar Temple. Later, the Government under the Tamil Nadu Minor Inams Act of 1963, took over the land and initiated settlement proceedings.
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3. On 10.03.1969, the Settlement Tahsildar initially granted Ryotwari Patta to the Temple. This decision was appealed by the occupants, leading to a judgment by the Minor Inam Tribunal on 03.04.1973 in CMA.Nos.270/1970, 272/1972, 475/1969, 139/1972, remanding the case for fresh enquiry. Following a re-enquiry, on 14.03.1974, the Settlement Tahsildar granted Ryotwari Patta to eight claimants, including Sellappa Goundar and Muthusamy Goundar. This decision became final as the Temple did not appeal against It.
4. The Petitioner's predecessor-in-title, N. Subramani, purchased the properties from the legal heirs of Sellappa Goundar and Muthusamy Goundar. This established the land is private Patta property, no longer belonging to the temple. On 15.07.2024, when the Petitioner presented his Sale Deed for registration, the Sub Registrar (lst Respondent) refused to register it. The reason given was that the property was listed as belonging to the temple under the HR & CE Department. 4/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 12:30:03 pm ) W.P.No.22168 of 2024
5. The Registrar issued a refusal check slip, directing the petitioner to obtain a No-Objection Certificate from the HR & CE Department as the property which is sought to be conveyed to the petitioner is featured in the list of properties belonging to the Temple under the HR & CE Department. The Petitioner contends that the Registrar should have conducted an inquiry and heard explanations before refusing registration. Aggrieved by the same the petitioner is before this Court.
6. Heard the learned counsels on the either side and perused the records.
7. The 1st respondent ought to have heard the petitioner before refusing to register the sale deed. The Settlement Tahsildar had after hearing all parties granted Ryotwari Patta to Sellappa Gounder and Muthusamy Gounder, the predecessors in title of the petitioner. Further, the 1st respondent has registered the sale deed in favour of the 5/8 https://www.mhc.tn.gov.in/judis ( Uploaded on: 07/03/2025 12:30:03 pm ) W.P.No.22168 of 2024 petitioner's vendor N.Subramani without insisting on the No Objection certificate.
8. Therefore, the Writ Petition is allowed. The 1st respondent is directed to register the document, within a period of 2 weeks from the date of receipt of a copy of this order. No costs.
20.01.2025
Index : Yes/No
Internet : Yes/No
kan
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W.P.No.22168 of 2024
To
1.The Sub-Registrar,
Palladam,
Tiruppur District.
2.The Commissioner
Hindu Religious and Charitable Endowment Department, Uttamar Gandhi Salai, Nungambakkam Chennai - 600 034.
3.The Joint Commissioner Hindu Religious and Charitable Endowment Department, Room No.12, New Commerical Complex, 1st floor, Cotton Market Complex, Palladam Road, Tirupur - 641 604.
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