IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 17-03-2026 CORAM THE HON'BLE MR JUSTICE M.DHANDAPANI AND WMP NO. 11263 OF 2026

1. Annamalai

2. Arunachalam

3. Settu

4. Sambu ..Petitioner(s)

Vs

1. The District Collector Salem, Salem district

2. The District Registrar of Registration Salem district

3. The Joint Commissioner HR and CE Department, salem district

4. The sub Registrar Jalakandapuram Sub Registrar office, salem district ..Respondent(s)

Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of writ of Mandamus directing the 3rd respondent to issue No Objection certificate for registering document in respect to the property situated at Irupali Village, Edappadi Taluk, Salem district comprised in Survey Nos. 541/3 (1.45 Acres), 541/4 (1.05 Acres) and 541/5 (10Cents) totally measuring 2 Acres and 60 cents and consequently direct the 4th respondent to register the documents such as sale agreement sale deed, Mortgage deed and other deeds of conveyance with respect to the aforementioned property as as and when executed and presented either by the petitioners or their agent for registration after following the procedure prescribed for registration of documents under the registration Act and Tamil Nadu Registration rules and pass.

For Petitioner(s): Mr.C.Deepakkumar For Respondent(s): Mr.N.R.R.Arun Natarajan, Special Governm Pleader (HR & CE) for R3

Order

Writ Petition is filed to direct the 3rd respondent to issue No Objection certificate for registering document in respect to the property after following the procedure prescribed for registration of documents under the registration Act and Tamil Nadu Registration rules

2. The case of the petitioner is that the petitioners 1 and 2 are brothers and they purchased the property situated at Iruppali Village, Edappadi Taluk, Salem District, comprised in S.F.Nos.541/3 and

541/5 and subsequently certain extent of land was sold by the petitioners 1 and 2 in favour of the petitioners 3 and 4. When the petitioners attempted to present documents for registration, the 4^th respondent refused to register the same stating that the property in question was included in the list issued by the 1^st respondent in his proceedings dated 13.08.2012, wherein certain lands were mentioned as belonging to Arulmigu Kailasanathar Temple, Tharamangalam. Hence, the petitioners have submitted a representation dated 06.03.2026 to the respondents requesting them to issue a No Objection Certificate and to permit registration of documents relating to eh above property. Since the said representation is not considered, the petitioner is before this Court.

2.The learned counsel appearing for the petitioner submitted that the issue involved in the present case is no longer res integra. It has already been considered by the Hon'ble Division Bench of this Court in the decision reported in (2017) 3 CTC 135 [Sudha Ravi Kumar and another Vs. The Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department, Chennai and others], wherein, the Hon'ble Division Bench of this Court has issued direction to the Registration Department to conduct enquiry in between the executant of the deed and religious Institution and thereafter to pass orders. In the present case, the fourth respondent, without affording any opportunity to the petitioner and without conducting any enquiry, simply returned the document presented by the petitioner for registration for the reason that the petition mentioned property belongs to the above said Temple, which is unsustainable one.

4.The learned Special Government Pleader did not dispute the facts submitted by the learned counsel appearing for the petitioner.

5.Heard the arguments advanced on either side and perused the materials available on record.

6.The issue raised in this writ petition is no longer res integra. Similar issue has already been settled by the Hon'ble Division Bench of this Court in the decision reported in (2017) 3 CTC 135 [Su