A.Karunakaran v. Joint Commissioner

O R D E R This Writ Petition is filed challenging the impugned refusal check slip issued by the third respondent dated 27.01.2026 and also seeking for a consequential direction, directing the 3rd respondent to register the power deed presented by petitioner earlier bearing No.TP/246220843/2026 dated 27.01.2026 in respect of the property situated in S.Nos.27 and 28/2, Narasingapuram Village, Adirampattinam, Thanjavur District, without insisting No Objection Certificate from the 1st respondent.

¶2By consent, this Writ Petition is taken up for final disposal at the admission stage itself.

¶3The learned counsel appearing for the petitioner would submit that when the petitioner presented a power deed dated 27.01.2026 for registration, the same was refused to be registered on the ground that the subject properties belong to the temple, and the petitioner was directed to obtain a no-objection certificate from the 1st respondent. Challenging the same, the petitioner has filed this Writ Petition.

¶4The learned Additional Government Pleader appearing for the respondents would fairly submit that without conducting enquiry, the 3rd respondent has issued the impugned refusal check slip. Therefore, the impugned order may be set aside and remanded to the third respondent for fresh consideration.

¶5This Court heard the submissions made by the learned counsel appearing on either side and perused the materials available on record.

¶6Considering the facts and circumstances of the case, this Court is of the view that if the subject property belongs to the temple, the respondents were required to conduct an enquiry after issuing notice to the petitioner as well as the temple authorities, as per the direction issued by the Hon'ble Division Bench of this Court in Sudha Ravi Kumar Vs. The Special Commissioner & Commissioner, Hindu Religious and Charitable Endowments Department, Chennai reported in 2017 (3) CTC 134. On a perusal of the records, it is seen that no such enquiry was conducted before passing the impugned order. Therefore, the impugned order is liable to be set aside and the matter is remitted back to the third respondent for fresh consideration.

¶7Accordingly, the impugned order is set aside and the matter is remitted back to the third respondent. The petitioner is directed to represent the power deed dated 27.01.2026 for registration before the third respondent and on receipt of the same, the third respondent shall issue notice to the petitioner and the temple authorities concerned, conduct enquiry and pass orders, on merits and in accordance with law, after affording opportunity of hearing to the petitioner and the temple authorities concerned, in the light of the judgment of the Hon'ble Division Bench of this Court in the case of Sudha Ravi Kumar Vs. The Special Commissioner & Commissioner, Hindu Religious and Charitable Endowments Department, Chennai reported in 2017 (3) CTC 134.

¶8With the above observations, this Writ Petition allowed. There shall be no order as to costs.

17.02.2026 Index : Yes/No NCC : Yes/No vsm TO

¶1Joint Commissioner, HR and CE, Thanjavur..

¶2The District Registrar, Registration Department, Thanjavur District..

¶3Sub Registrar, Sub Registrar Office, Adirampattinam, Thanjavur District.. KRISHNAN RAMASAMY, J vsm

WP(MD) No.4373 of 2026 Date : 17.02.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 17.02.2026 CORAM THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY A.Karunakaran ... Petitioner Vs 1. Joint Commissioner, HR and CE, Thanjavur.. 2. The District Registrar, Registration Department, Thanjavur District.. 3. Sub Registrar, Sub Registrar Office, Adirampattinam, Thanjavur District.. ... Respondents PRAYER :- Writ Petition, filed under Article 226 of the Constitution of India, praying this court to issue a Writ of Certiorarified Mandamus to call for the records pertaining to the impugned order dated 27.01.2026 passed by the respondent No.3 and quash the same as illegal and consequently direct the 3rd respondent to register the power deed presented by petitioner earlier bearing No.TP/246220843/2026 dated 27.01.2026 in respect of the property situated in S.Nos.27 and 28/2, Narasingapuram Village, Adirampattinam, Thanjavur District, without insisting No Objection Certificate from the 1st respondent. For Petitioner : Mr.A.Alexander, For Respondents : Mr.A.Kannan, Addl. Govt. Pleader