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2025 Supreme(Online)(Mad) 73198

IN THE HIGH COURT OF JUDICATURE AT MADRAS
Honourable Mr Justice KRISHNAN RAMASAMY
Devanani – Appellant
Versus
THE INSPECTOR GENERAL OF REGISTRATION – Respondent



IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 19.11.2025 Coram The Honourable Mr.Justice Krishnan Ramasamy and W.M.P.No.48102 of 2025 Deivanai ...Petitioner Vs.

1. The Inspector General of Registration, No.100, Santhome High Road, Chennai – 600 028.

2. The Joint II Sub Registrar, 1/529, Nerupperichal Village, Pooluvapatti Post, Tiruppur – 641 602.

3. The Executive Officer, Arulmigu Visvesvaraswami and Veerarahavaperumal Thirukoil Hindu Religious and Charitable Endowment Department, Easwaran Kovil Street, Tiruppur, Tiruppur District -641 604.

...Respondents Prayer Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus to call for records relating to the impugned letter dated 22.11.2014, issued by the third respondent and the consequential refusal check slip issued by the second respondent in RFL/Joint II Sub Registrar, Tiruppur/14/2025 dated 07.04.2025 and to quash the same and further to direct the second respondent to register the Memorandum of Agreement evidencing deposit of title deed(Mortgage Deed) dated 02.04.2025 executed by the petitioner.

For Petitioner : M/s.J.Madhumitha For Respondents 1 & 2 : Mr.Abishek Murthy Government Advocate For Respondent-3 : Mr.K.Karthikeyan Government Advocate (H.R.& C.E.)

Order

Heard M/s.J.Madhumitha, learned counsel appearing for the petitioner, Mr.Abishek Murthy, learned Government Advocate, who takes notice for respondents 1 and 2 and Mr.K.Karthikeyan, learned Government Advocate (H.R.& C.E.) who takes notice on behalf of the respondent No.3 With consent, the main Writ Petition is taken up for final disposal at the stage of admission itself.

2. The challenge in this Writ Petition is to the letter dated

22.11.2014, issued by the third respondent and the consequential refusal check slip issued by the second respondent dated 07.04.2025 and to quash the same and further to direct the second respondent to register the Memorandum of Agreement evidencing deposit of title deed(Mortgage Deed) dated 02.04.2025 executed by the petitioner.

3. Learned counsel for the petitioner would submit that when the petitioner presented the title deeds dated 02.04.2025 for the purpose of registration, the second respondent refused to register the same citing the reason that the property covered in the said title deeds belongs to the third respondent-Temple. It is the further contention of the learned counsel that without conducting any enquiry as regards petitioner's title over the such property, the second respondent has issued the Refusal Check Slip in a mechanical manner and impugning the same, the present Writ Petition is filed.

4. The learned Government Advocate for the respondents 1 and 2 since the third respondent-Temple issued a letter dated 22.11.2014 instructing the second respondent not to register any document in respect of the property mentioned in the list (as the same belongs to Temple), the second respondent refused to register the document presented by the petitioner. However, the learned Government Advocate fairly submitted that since the refusal made by the second respondent is without conducting any proper enquiry, he sought for setting aside such impugned Refusal Check Slip and issuing appropriate direction to the respondents 1 and 2 to decide the matter in accordance with law after conducting enquiry, and the same would be complied with.

5. The learned Government Advocate for the third respondent-

Temple also adopted the similar submission made by the learned Government Advocate appearing for the Registering Authorities, viz., respondents 1 and 2.

6. Heard both sides and perusal the materials available on record.

7. The petitioner, named Deivanai, is the absolute owner of the land, measuring an extent of 2775 sq. ft. comprised in Old T.S.No.899, New T.S.No.9, Ward B, Block No.262, situated at Tiruppur Municipal Town, obtained vide a Settlement Deed dated 26.07.2006 from her husband and all the revenue records, including patta

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