High Court · 2025

W.P(MD)Nos.20038 to 20040 of 2025BEFORE THE MADURAI BENCH OF MADRAS HIGH COURTDATED : 24.07.2025CORAM THE HONOURABLE MR.JUSTICE C.SARAVANANW.P(MD)Nos.20038 to 20040 of 2025andW.M.P(MD)Nos.15426, 15428 and 15430 of 2025W.P(MD)No.20038 of 2025T.Mallika ... PetitionerVs.1.The Commissioner, Hindu Religious and Charitable Endowment Board, No.119, Uthamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai - 600 034.2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Madurai - 625 001.3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Dindigul - 624 004.4.The Sub-Registrar, Natham, Dindigul District. ...RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the 1/10 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.20038 to 20040 of 2025records pertaining to the impugned order passed by the third respondent in Na.Ka.No.1169/2024/A3, dated 14.08.2024 quash the same and consequently direct the fourth respondent to entertain registration in respect of 1.70 acres of land in Survey No.273/1, Natham Village, Dindigul District. For Petitioner : Mr.E.HariharanFor Respondents : Mr.S.S.Madhavan Additional Government Pleader W.P(MD)No.20039 of 2025T.Thangaraj ... PetitionerVs.1.The Commissioner, Hindu Religious and Charitable Endowment Board, No.119, Uthamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai - 600 034.2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Madurai - 625 001.3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Dindigul - 624 004.4.The Sub-Registrar, Natham, Dindigul District. ...Respondents2/10 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.20038 to 20040 of 2025Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the third respondent in Na.Ka.No.1169/2024/A3, dated 14.08.2024 quash the same and consequently direct the fourth respondent to entertain registration in respect of 3 acres of land in Survey No.273/1, Natham Village, Dindigul District. For Petitioner : Mr.E.HariharanFor Respondents : Mr.S.S.Madhavan Additional Government Pleader W.P(MD)No.20040 of 2025T.Annapoorna ... PetitionerVs.1.The Commissioner, Hindu Religious and Charitable Endowment Board, No.119, Uthamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai - 600 034.2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Madurai - 625 001.3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Dindigul - 624 004.4.The Sub-Registrar, Natham, Dindigul District. ...Respondents3/10 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.20038 to 20040 of 2025Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, calling for the records pertaining to the impugned order passed by the third respondent in Na.Ka.No.1169/2024/A3, dated 14.08.2024 quash the same and consequently direct the fourth respondent to entertain registration in respect of 11 acres of land in Survey Nos.273/2, 272/1 and 272/2A, Natham Village, Dindigul District. For Petitioner : Mr.E.HariharanFor Respondents : Mr.S.S.Madhavan Additional Government Pleader COMMON ORDERThe petitioners are before this Court challenging the impugned order passed by the third respondent, dated 14.08.2024.2. For the sake of clarity and to understand the scope of the dispute, the impugned order passed by the third respondent, bearing reference Na.Ka.No.1169/2024/A3, dated 14.08.2024, is reproduced below:4/10 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.20038 to 20040 of 20255/10 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.20038 to 20040 of 20253. The learned counsel for the petitioners submits that the third respondent has no concern with the property of the petitioners and has wrongly shown the property of the petitioners as that belonging to the Pallivasal in Natham Village. 6/10 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.20038 to 20040 of 20254. A reading of the impugned order indicates that the communication was issued by the third respondent pursuant to a requisition of the fourth respondent vide communication dated 26.02.2024 bearing reference e.f.vz;.1237/M5/2024. 5. In response to the same, based on the records available, the communication has been forwarded by the third respondent to the fourth respondent, wherein properties in various survey numbers in various Villages including Natham Village have been shown as the property either belonging to the temple or to the private parties or to the Pallivasal. 5. There is no determination of title by virtue of the aforesaid communication. In case there is any difficulty in transacting the property at appropriate stage, it is open for the petitioner to work out the remedy in terms of the law settled by the Division Bench of this Court in the case of Sudha Ravi Kumar and others Vs Special Commissioner and Commissioner, HRCE Department and others (W.P(MD)Nos.30589 of 2013etc.,batch) vide order dated 05.04.2017 wherein, the law has been summarized by the Division Bench of this Court as follows:7/10 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.20038 to 20040 of 2025“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.” 8/10 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.20038 to 20040 of 20256. These writ petitions stand disposed of with the above liberty. No costs. Consequently, the connected miscellaneous petitions are closed. 24.07.2025NCC : Yes / NoIndex : Yes / NoInternet : Yes / NosnTo1.The Commissioner, Hindu Religious and Charitable Endowment Board, No.119, Uthamar Gandhi Road, Thousand Lights West, Nungambakkam, Chennai - 600 034.2.The Joint Commissioner, Hindu Religious and Charitable Endowment Board, Madurai - 625 001.3.The Assistant Commissioner, Hindu Religious and Charitable Endowment Board, Dindigul - 624 004.4.The Sub-Registrar, Natham, Dindigul District.9/10 https://www.mhc.tn.gov.in/judis W.P(MD)Nos.20038 to 20040 of 2025C.SARAVANAN, J. sn W.P(MD)Nos.20038 to 20040 of 2025 24.07.202510/10