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2026 Supreme(Online)(Mad) 35555

IN THE HIGH COURT OF JUDICATURE AT MADRAS
D.Bharatha Chakravarthy, J
B.Amutha – Appellant
Versus
The Sub Registrar, Office of the Sub Registrar, Srivilliputhur, Virudhunagar District – Respondent


Advocates:
For the Appellants/Petitioners: Mr.C.M.Mari Chelliah Prabhu
For the Respondents: Mr.A.Baskaran, Addl. Government Pleader for R1, Mr.M.Sarangan, Addl. Government Pleader for R2 & R3

Table of Content
1. mortgage deed refused due to temple's rival claim. (Para 2)
2. prior judgment mandates enquiry on section 22-a objections. (Para 3)
3. refusal set aside; remitted for enquiry and remedies. (Para 4)

ORDER

The writ petition is filed challenging the impugned refusal check slip dated 23.09.2025.

2.When the petitioner presented a mortgage deed for registration, the same was refused for registration on the ground that there is rival claim by the third respondent / Temple.

3.The issue is no longer res integra is undiscovered by the judgment of the Division Bench of this Court made in Sudha Ravi Kumar and another vs. The Special Commissioner and Commissioner, Hindu Religious and charitable Endowments Department, Chennai and others, reported in (2017) 3 CTC 135, the directions in paragraph 25 are extracted hereunder for ready reference.

“25.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, he

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