Madras High Court
D.Nirmal Raj vs The District Registrar on 14 July, 2025
Author: S.Srimathy
Bench: S.Srimathy
W.P(MD)No.9017 of 2025
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 14.07.2025
CORAM:
THE HONOURABLE MRS.JUSTICE S.SRIMATHY
W.P(MD)No.9017 of 2025
D.Nirmal Raj ... Petitioner
Vs
1. The District Registrar,
O/o. the District Registrar,
Ramanathapuram District.
2. The Sub Registrar,
O/o. Sub Registrar,
Rameswaram,
Ramanathapuram District.
3. The Joint Commissioner,
Hindu Religious and Charitable Endowment,
No.48, Muthusamy Nagar,
Thiruppathur Road,
Sivagangai District.
4. V.R.Chathiram, Dhanuskodi,,
Rameswaram Taluk,
Ramanathapuram District,
Represented by its Executive Officer/thakkar,
Arulmigu Vettudaiyar Kaliamman Thirukovil,
Ariyakurichi, Sivagangai District. ... Respondents
(R4 is suo motu impleaded vide Court order dated
02.04.2025 in W.P.(MD)No.9017 of 2025)
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W.P(MD)No.9017 of 2025
PRAYER : Writ Petition filed under Article 226 of the Constitution of India
praying for issuance of a Writ of Certiorarified Mandamus, calling for the records
relating to the impugned order in Na.Ka.170/2024 dated 16.10.2024 passed by the
second respondent and quash the same and consequently direct the respondents 1
and 2 to register the sale deed in land S.No. 863/2 to an extent of 1 Acre 90 cent,
S.No.110 to an extent of 7 acre 26 cents and S.No. 879 to an extent of 13 acres 50
cents in Rameswaram Village, Rameswaram Taluk, Ramanathapuram District, by
restore the guideline value.
For Petitioner : Mr.B.Mahendrarajan
For R-1 & R-2 : Mr.S.Saji Bino
Special Government Pleader
For R-3 : Mr.S.S.Madhavan
Additional Government Pleader
For R-4 : Mr.P.Mahendran
ORDER
The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned order dated 16.10.2024 and consequently direct the respondents 1 and 2 to register the sale deed.
2. Through the impugned order, the second respondent has stated that the property in question is claimed by one V.R.Chathiram, which is doing Annathanam Kattalai for tourists visiting the Rameshwaram temple. Since the 2/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/08/2025 06:01:18 pm ) W.P(MD)No.9017 of 2025 property is coming within the purview of Hindu Religious and Charitable Endowments (HR and CE) Department, the second respondent has treated the same as temple property. The Trustee of V.R.Chathiram has sold the trust property, hence, HR and CE Department appointed a fit person. In the earlier round of litigation, this Court directed the respondent to consider and pass orders based on the judgment rendered in Sudha Ravi Kumar case and after considering the rival claim, the respondents have passed an order directing the parties are directed to approach the competent Civil Court.
3. The contention of the petitioner is that V.R.Chathiram is claiming right over the property without any proper document. The V.R.Chathiram is only having their own register and other parent documents. Further, the same ought to be proved by approaching the competent Civil Court. As on date, the Settlement 'A' Register also states that the property belongs to some pattadars. In such circumstances, the V.R.Chathiram cannot claim right over the property.
4. On the other hand, the learned Counsel appearing for V.R.Chathiram submitted that they have settlement deed which was executed as early as in the year 1879 and subsequent years. Thereafter, the property was donated to V.R.Chathiram for doing all the Kattalai activities. Hence, they have right over the property 3/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/08/2025 06:01:18 pm ) W.P(MD)No.9017 of 2025
5. After hearing the rival submissions, this Court is of the considered opinion that when the Settlement 'A' Register is not showing the V.R.Chathiram name, then the claim of the petitioner ought to be considered. Therefore, this Court is inclined to quash the impugned refusal check slip. Further, the purchaser is restrained from encumbering and dealing with the property for a period of three months from the date of receipt of a copy of this order. In the meanwhile, V.R.Chathiram is directed to file a suit before the competent Civil Court and obtain an interim order. Accordingly, the impugned order is quashed. The official respondents are directed to register the sale deed within a period of four (4) weeks from the date of receipt of a copy of this order and a suit may be filed within a period of twelve (12) weeks.
6. With the above directions, this Writ Petition is allowed. There shall be no order as to costs.
14.07.2025
NCC : Yes / No
Index : Yes / No
Internet : Yes
jbr
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W.P(MD)No.9017 of 2025
To:
1. The District Registrar,
O/o. the District Registrar,
Ramanathapuram District.
2. The Sub Registrar,
O/o. Sub Registrar,
Rameswaram,
Ramanathapuram District.
3. The Joint Commissioner,
Hindu Religious and Charitable Endowment, No.48, Muthusamy Nagar, Thiruppathur Road, Sivagangai District.
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jbr ORDER MADE IN W.P(MD)No.9017 of 2025 DATED : 14.07.2025 6/6 https://www.mhc.tn.gov.in/judis ( Uploaded on: 11/08/2025 06:01:18 pm )