IN THE HIGH COURT OF JUDICATURE AT MADRAS
HONOURABLE MR. JUSTICE D.BHARATHA CHAKRAVARTHY
K.S.Marimuthu – Appellant
Versus
The Inspector General of Reg – Respondent
##PAGE1##
W.P(MD)No.7856 of 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
Dated: 25.03.2026
CORAM
THE HONOURABLE MR JUSTICE D.BHARATHA CHAKRAVARTHY
W.P(MD)No.7856 of 2026 and
W.M.P(MD)No.6438 of 2026
K.S.Marimuthu ... Petitioner
Vs.
1.The Inspector General of Registration, Office of Inspector General of Registration,
Chennai.
2.The District Registrar, Registration Department,
Thoothukudi District.
3.The Sub Registrar, Registration Department,
Pudukkottai Sub Registrar's Office, Thoothukudi District.
4.P.Rathinam ...Respondents Writ Petitions are filed under article 226 of the Constitution of India,
praying to issue a Writ of Mandamus, directing the respondents 1 to 3 herein seeking to conduct a detailed enquiry under Section 22-A of the Registration Act, to refuse registration of any document pertaining to the Arulmigu Santhi Vinayagar Temple comprised in Survey No.1567C/12B2
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##PAGE2##W.P(MD)No.7856 of 2026
bearing Patta No.881 situated at Mudivaithanendal Village, Thoothukudi Taluk, Thoothukudi District, and cancel all fraudulent entries already made by the 4th respondent and anyone claiming through them in respect of the said temple property by encumbrance certificate, based on the petitioner's
petition dated 19.01.2026.
For Petitioner :M/s.J.Lawrance For R1 to R3 :Mr.F.Deepak,
Special Government Pleader
ORDER
This writ petition is disposed of at the admission stage, without notice
to the private parties, in view of the nature of relief that is granted and no
rights of the parties are decided.
2.The petitioner claims to be the trustee of Arulmigu Santhi Vinayagar
Temple and it is the claim of the petitioner that the Survey No.1567-C/12B2 belongs to the temple and the private respondent and others are dealing with the said property. On behalf of the temple, an objection is given to the third respondent, Sub-Register. If the property belongs to the temple, any alienation made by the third party will not bind the temple and as other remedies to secure possession, by invoking the jurisdiction of the authorities
under Section 78 / 79 of the Tamil Nadu HR&C Act.
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##PAGE3##W.P(MD)No.7856 of 2026
3.With reference to the contention, as and when any document is
presented by any other party other than the temple, the petition of the Temple dated 19.12.2026 shall be taken as the objection received under Section 22A of the Act, and it is for the Sub-Registrar to conduct an inquiry as contemplated by the Division Bench of this Court 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
4.With the above observations and directions, this Writ Petition stands
disposed of. No costs. Consequently, connected miscellaneous petition is
closed.
25.03.2026
NCC:Yes/No Ns To
1.The Inspector General of Registration, Office of Inspector General of Registration,
Chennai.
2.The District Registrar, Registration Department,
Thoothukudi District.
3.The Sub Registrar, Registration Department,
Pudukkottai Sub Registrar's Office, Thoothukudi District.
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##PAGE4##W.P(MD)No.7856 of 2026
D.BHARATHA CHAKRAVARTHY, J.
Ns
W.P(MD)No.7856 of 2026 and
W.M.P(MD)No.6438 of 2026
25.03.2026
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