Hari Shankar v. The Sub-Registrar

ORDER Mr.S.Vashik Ali, learned Additional Government Pleader, takes notice for the first respondent. Mr.Vinoth, learned counsel, takes notice for the second respondent.

¶2This Writ Petition is taken up for final hearing at the time of admission with the consent of the learned counsel for the petitioner, learned Additional Government Pleader for the first respondent and learned counsel for the second respondent.

¶3The petitioner is before this Court against the impugned Refusal Check Slip dated 29.12.2025 bearing reference in Refusal No.RFL/Srirangam/153/2025, whereby the Sale Deed presented by the petitioner has been refused on the ground that the revenue records in respect of the land in question in old T.S.No.733, new T.S.No.2536, situated at D/No.8/5-2647, Block No.0053, Timmarausamuthiram, Vellithirumutham, Ward B, Srirangam Taluk, Trichy, are standing in the name of Arulmigu Arangasamy Temple situated at Srirangam, Trichy.

¶5The rejection of registration of the said Sale Deed is liable to be interfered with, as it is contrary to the law settled by the Hon'ble Division Bench of this Court in Sudha Ravi Kumar and others vs. the Special Commissioner and Commissioner of HR&CE and others reported in AIR 2017 Mad 203, wherein, in paragraph 25, this Court has ordered as under. "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, 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 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 not withhold the deed which has already been registered.

(vi) Consequently the connected miscellaneous petitions are closed. No costs."

¶6In view of the above, the impugned order is set aside and the first respondent is directed to issue a Show Cause Notice in terms of paragraph No.25 of the aforesaid order.

¶7The Show Cause Notice to be issued by the first respondent shall also be addressed to the second respondent. The said Notice shall be issued within a period of thirty (30) days from the date of receipt of a copy of this order. The entire proceedings shall be completed within a period of three (3) months thereafter. Needless to state, both the petitioner as also the second respondent shall also bee heard before the final orders are passed.

¶8This Writ Petition is disposed of, with the above observations. No costs. Consequently, connected miscellaneous petition is closed. Index : Yes / No

06.08.2026 Internet : Yes / No apd

C.SARAVANAN, J.

apd To

¶1The Sub-Registrar, Sub Registrar Office, Ammamandapam, Srirangam, Tiruchirappalli - 620 006.

06.08.2026

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 06.08.2026 CORAM: THE HONOURABLE MR.JUSTICE C.SARAVANAN Hari Shankar ... Petitioner Vs 1. The Sub-Registrar, Sub Registrar Office, Ammamandapam, Srirangam, Tiruchirappalli - 620 006. 2. The Executive Officer / Joint Commissioner, Arulmigu Sri Ranganadhaswamy Temple, Srirangam, Trichy - 620 006. ... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Certiorarified Mandamus, to call for the entire records pertaining to the Impugned Refusal Check Slip/Refusal Order No. 153/2025 Proceedings in Na.Ka. No.29/2025 dated 29.12.2025 issued by the 1st Respondent and quash the same as illegal and consequently, direct the 1st Respondent to Register the Sale deeds dated 29.12.2025 in T.P.No/243863186/2025, for the property in Old T.S. No.733 and New T.S.No. 2536 in Flat No.F2, 1st Floor, Bharathwaja Apartment, E.V.S. Street, Ranganagar Colony, Old Ward No.2, New Ward No.B, Vellithirumutham Village, Srirangam, Block No.53, Tiruchirappalli District - 620 006 and forthwith issue Permanent Registration Number. For petitioner : P.M.Vishnu Varthanan For R1 : Mr.S.Vashik Ali Additional Government Pleader For R2 : Mr.Vinoth for Mr.M.Saravanan *****