W.P(MD)No.29135 of 2022

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

DATED : 01.02.2023

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN

W.P(MD)No.29135 of 2022

Sumathi

... Petitioner

Vs.

1.The District Registrar,

Ramanathapuram,

Ramanathapuram District.

2.The Sub Registrar,

Office of the Sub Registrar,

Velipattanam,

Ramanathapuram,

Ramanathapuram District.

3.The Assistant Commissioner,

Hindu Religious and Charitable Endowment Department,

Paramakudi,

Ramanathapuram District.

... Respondents

PRAYER: Writ Petition filed under Article 226 of the Constitution of India

praying to issue a Writ of Mandamus, directing the second respondent to

register the document in respect of the land in Survey No.440 Sub division 51

plot number 10 measuring 4.13 cents in Pattanamkathan Village, Ramnad

District as and when the documents presented for registration by the petitioner.

For Petitioner

: Mr.G.Chandrasekar

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For R-1 & R-2

: Mr.N.Satheesh Kumar

Additional Government Pleader

For R-3

: Mr.R.Ragavendran

Government Advocate

ORDER

Heard the learned Counsel on either side.

2. The petitioner claims title over the petition mentioned land. She wants

to deal with the same. However, on account of objection raised by the HR&CE

Department, the second respondent is declining to register the document.

3. The Hon'ble Division Bench in the decision reported in 2017 (3) CTC

135 (Sudha Ravi Kumar and Another Vs. The Special Commissioner and

Commissioner, HR&CE Department, Chennai-34 and Others) had laid down

the procedure to be followed by the Registering Authority, whenever an

objection raised by the Temple relating to registration of a document. Paragraph

No.26 of the said decision is particularly relevant. It reads as follows:

"26. 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

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W.P(MD)No.29135 of 2022

been presented shall cause service of notice on the parties to the

deeds and also to the objector / religious institution, hold summary

enquiry, hear the parties and then either register or refuse to

register the document by passing an order having regard to the

relevant facts as indicated above.

(ii) If the registering authority, refuses to register any

document by accepting the objections raised under Section 22-A of

the Registration Act, the aggrieved may file a statutory appeal

under the Act.

(iii) If the objections raised under Section 22-A of the Act by

the religious institution are rejected and the document is registered,

the remedy for the religious institution is to either approach this

Court by way of a writ petition seeking cancellation of the

registration or for any other relief or to approach the civil Court for

declaration of the title and for other consequential reliefs.

(iv) If the registering authority refuses to register the

document acting on the objections raised by a religious institution

under Section 22-A of the Registration Act, the parties to the deed

will be at liberty to straightaway approach the civil Court for

declaration of title and other relief without availing the opportunity

for filing a statutory appeal.

(v) We further direct that if the deed has already been

registered without there being any objection by the religious

institution under Section 22-A of the Act, the document shall be

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W.P(MD)No.29135 of 2022

returned to the parties concerned leaving it open for the religious

institution to approach either the High Court under Article 226 of

the Constitution of India or the civil Court for appropriate relief as

indicated above. At any rate, the registering authority shall n