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2025 DAILYLAW 36335 (MAD)

K.R.VAITHIYANATHAN v. THE SUB REGISTRAR

WP/12280/2025 · 2025-04-16

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Writ Petition No.12280 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 16.04.2025 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH Writ Petition No.12280 of 2025 K.R.Vaithiyanathan @ Esanya Sivachariyar S/o.Raghava Iyer Petitioner Vs 1. The Sub Registrar Cheyyur Sub Registration Office Cheyyur. 2.The Commissioner, Hindu Religious And Endowment Board, Mahatma Gandhi Road, Nungambakkam, Chennai 600034. Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 1st respondent to conduct an enquiry and pass orders regarding the pending document in Doc No.P/Cheyyur/ 84/2018 dated 24/08/2018 after giving opportunity based on the letter 22/01/2024. 1/4 https://www.mhc.tn.gov.in/judis Writ Petition No.12280 of 2025 For Petitioner : Mr.P.R.Krishnaraj For Respondents : Mr.P.Harish Government Advocate [R1] Mr.N.R.R.Arun Natarajan Special Government Pleader [R2] ***** O R D E R This writ petition has been filed seeking issuance of a writ of mandamus directing the first respondent to take a decision on the sale agreement that was presented for registration by the petitioner, which is kept as a pending document from the year 2018 onwards. 2. Heard Mr.P.R.Krishnaraj, learned counsel for petitioner, Mr.P.Harish, learned Government Advocate appearing for first respondent and Mr.N.R.R.Arun Natarajan, learned Special Government Pleader appearing for second respondent. 3. Learned counsel for petitioner submitted that the sale deed is refused to be registered on the ground that the second respondent has not given ‘No Objection’ and that the first respondent is not even conducting enquiry in this regard. 2/4 https://www.mhc.tn.gov.in/judis Writ Petition No.12280 of 2025 4. Learned Special Government Pleader appearing on behalf of the second respondent placed the written instructions received from the Joint Commissioner, Mayiladuthurai and the relevant portion is extracted hereunder: @nkYk; nkw;go tHf;fpy; Fwpg;gplg;gl;Ls;s <rhdpa rpthr;rhupahu; klkhdJ ,j;Jiw MSifapd; fPH; cs;s neuo fl;Lg;ghl;oy; ,y;yhj klk; vd;Wk;. jdpegu; epu;thfj;jpy; cs;sjhft[k; ghu;itf; Fwpg;g[ 2?,d; K:yk; kapyhLJiw ruf Ma;thsu; bjuptpj;Js;shu;/ ,t;tHf;fpy; Mizau; 2?k; gpujpthjpahf ,izf;fg;gl;Ls;sjhf ghu;itf;Fwpg;g[ 1?,d; K:yk; bgwg;gl;l affidavit ,y; Fwpg;gplg;gl;Ls;sJ/@ 5. Learned Special Government Pleader appearing for the second respondent further submitted that the property is not under the control of the Hindu Religious and Charitable Endowments Department. However, the necessary party viz., Sri Easana Sivachariar Madam has not been made as a party. 6. In the light of the specific stand taken by the second respondent, the first respondent is directed to conduct an enquiry after issuing notice to the said Sri Easana Sivachariar Madam and take a 3/4 https://www.mhc.tn.gov.in/judis Writ Petition No.12280 of 2025 N.ANAND VENKATESH, J gm decision within a period of four (4) weeks from the date of receipt of a copy of this order. Either the document has to be registered if it is otherwise in order or if the document is refused to be registered, a refusal check slip shall be issued by assigning reasons. This writ petition is disposed of with the above direction. No costs. 16.04.2025 Neutral Citation: Yes/No Index: Yes/no Speaking Order/Non-Speaking Order gm To 1. The Sub Registrar Cheyyur Sub Registration Office Cheyyur. 2.The Commissioner, Hindu Religious And Endowment Board, Mahatma Gandhi Road, Nungambakkam, Chennai 600034. Writ Petition No.12280 of 2025 4/4 https://www.mhc.tn.gov.in/judis