IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 20.10.2021

CORAM:

THE HON'BLE MRS. JUSTICE V. BHAVANI SUBBAROYAN

W.P.Nos.16365 & 16530 of 2019

A. Thangam

..Petitioner in WP.16365/2019

R. Malliga

..Petitioner in WP.16530/2019

Versus

1. The District Registrar

Office of District Registrar,

Guindy, Chennai - 600 032.

2. The Sub Registrar,

Pammal Sub Registrar Office,

Anagaputhur, Chennai - 600 070.

3. The Commissioner, HR & CE Board,

Nungambakkam, Chennai - 600 034.

... Respondents in both

[R3 impleaded as per order in

WP.No.17803/2019

WMP.No.17802/2019 dated 06.08.2019]

Common Prayer: Writ Petition filed under Article 226 of the

Constitution of India, praying to issue a Writ of Mandamus,

directing the 1st respondent to dispose of the petitioner's

representation dated 20.04.2019 made for withdraw the

registration of cancellation order dated 27.11.2011 (copy

received on 19.12.2018) and to direct the 2nd respondent to

execute the registration of the petitioner's sale deed Document

Nos.18 and 19 of 1996 respectively.

For Petitioner : Mr.K.Jayakumar

(in both WPs)

For RR1 to 2 : Mr.V.Veluchamy

(in both WPs) Government Advocate.

COMMON ORDER

These writ petitions have been filed for issuance of Writ of

Mandamus, to direct the 1st respondent to dispose of the

petitioner's representation dated 20.04.2019 made for withdraw

https://hcservices.ecourts.gov.in/hcservices/

the registration of cancellation order dated 27.11.2011 and for

consequential direction to the 2nd respondent to execute the

registration of the petitioner's sale deed Document Nos.18 and

19 of 1996 respectively.

2. The property "Sri Ramalinga Swamyar Samarasa Sanmarga

Sabai" situated at Chengalpet M.G.R.District, Saidai Taluk,

Village No.87, Anagaputhur Village, comprised in Survey No.226/1

ad-measuring to an extent of 30 cents was originally belonged to

the aforesaid "Sabai" and all the Revenue Records stand in its

name. The said "Sabai" decided to sell the aforesaid property

for development of the said "Sabai" and also its affinity temple

"Sri Selvamottai Vinayagar"

temple's refurbishment and

maintenance expenses based on the resolution dated 04.05.1993.

Subsequently, a resolution was passed to appoint sole decision

making authority namely Mr.Buthira Veerabhathra Chettiyar on

this properties' future subject of sale. Thereafter, the said

Buthira Veerabhathra Chettiyar executed a General Power of

Attorney in favour of one Mr.G.Dhanapal, dated 26.06.1996 and

the same was registered as Doc.No.717 of 1996 on the file of Sub

Registrar, Pallavaram. As per the Power of Attorney Deed, the

Agent G.Dhanapal, plotted out the said property as residential

layout plots and the petitioners have also wanted to purchase

the said plots and the said G.Dhanapal agreed to sell the

property in Plot No.6 measuring to an extent of 1186 sqft and

227 sqft, a half of the portion of adjacent lane area to the

petitioners at the total cost of Rs.12,995/-. On 05.12.1996,

the petitioners had paid the entire amount of Rs.12,995/- to

Mr.G.Dhanapal to purchase the said plots. Consequently, the

said G.Dhanapal executed the sale deeds in favour of them and

the same were presented before the Sub Registrar, Pamal, for

registration as Doc.Nos.18 and 19 of 1996 and the same have not

been released and put on hold from the year 2018. During the

hold period from 1996 to 2018, the petitioners and their sons

made several attempts to get the registered documents from the

Sub Registrar Office. The Sub-Registrar stated that the reason

for holding the said documents, because of the petitioners have

to get No Objection Certificate from the Hindu Religious and

Charitable Endowment (HR&CE), the Board has not issued any

certificate to the petitioners. Hence, the Sub-Registrar made a

suo motu decision and passed a re