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2026 DAILYLAW 60346 (MAD)

S.Kokilam v. The Joint Sub Registrar II

WP/31573/2026 · 2026-08-07

Krishnan Ramasamy

Transfer Petitionbody2026

Judgment text

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WP No. 31573 of 2026 __________ Page1 of 5 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 07-08-2026 CORAM THE HON'BLE MR JUSTICE KRISHNAN RAMASAMY WP No. 31573 of 2026 S.Kokilam W/o Shanmugam No 34 Mangala Road, paarapalayam Extension Tiruppur 641 604 Tiruppur District ..Petitioner(s) Vs The Joint Sub Registrar II Tiruppur South, Tirupur, Tiruppur District ..Respondent(s) Prayer: Writ Petition is filed under Article 226 of the Constitution of India praying for issuance of writ of Certiorarified mandamus calling for the records in connection with the impugned Refusal Slip in RFL / 2 Joint Sub-Registrar, Tiruppur / 41/ 2025 dated 03.12.2025 quash the same and to direct the respondent to register the Settlement Deed dated 03.12.2025 presented by the petitioner herein for registration. For Petitioner(s): Mr.D.Selvaraju For Respondent(s): Mr.K.Maheshwaran, Additional Government Pleader Order This Writ Petition has been filed challenging the Refusal Check Slip dated 03.12.2025, whereby the respondent refused to register the Settlement Deed dated 03.12.2025 presented by the petitioner. https://www.mhc.tn.gov.in/judis WP No. 31573 of 2026 __________ Page2 of 5 2. The learned counsel appearing for the petitioner submitted that the petitioner is the absolute owner of the property situated in T.S. No. 82, Block No. 9, Ward A of Tiruppur Town, comprised in old S.F. No. 120/2E. On 03.12.2025, when the petitioner presented a Settlement Deed settling his share of the property in favour of his brother, the respondent issued the impugned Refusal Check Slip stating that the land forms part of the properties belonging to a temple. Aggrieved by the said order of the respondent, the petitioner has approached this Court. 3. The learned counsel further submitted that the objections entered in the Sub-Registrar's office by the Hindu Religious and Charitable Endowments (HR & CE) Department are strictly in respect of the temple lands, the corresponding survey number of which is old S.F. No. 122, and that the temple has no claim or interest over the petitioner’s property. 4. The learned Additional Government Pleader, after verifying the records and the impugned order, fairly accepted the submissions made by the learned counsel for the petitioner. 5. Heard both sides and perused the materials available on record. https://www.mhc.tn.gov.in/judis WP No. 31573 of 2026 __________ Page3 of 5 6. The learned counsel for the petitioner has drawn the attention of this Court to the objection letter as well as the reference attached to the impugned order, from which it is clear that while the subject property is situated in S.F. No. 120/2E, the temple has raised objections only in respect of S.F. No. 122. The impugned order itself establishes that only the lands in S.F. No. 122 belong to the temple, and there is no mention therein regarding S.F. No. 120/2E, which is the private patta land of the petitioner. The objection letter is also completely silent regarding S.F. No. 120/2E. Such being the case, this Court finds no impediment for registering the Settlement Deed dated 03.12.2025, and the respondent cannot treat S.F. No. 120/2E as temple property. Therefore, the impugned order has been passed without application of mind and is liable to be set aside. 7. Accordingly, the impugned order of the respondent dated 03.12.2025 is set aside. The petitioner is directed to re-present the Settlement Deed dated 03.12.2025 before the respondent within a period of two weeks from the date of receipt of a copy of this order. Upon such re-presentation, the respondent is directed to register the same in accordance with law, if it is otherwise in order. https://www.mhc.tn.gov.in/judis WP No. 31573 of 2026 __________ Page4 of 5 8. This Writ Petition stands disposed of. No costs. 07-08-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No SK To The Joint Sub Registrar II Tiruppur South, Tirupur, Tiruppur District https://www.mhc.tn.gov.in/judis WP No. 31573 of 2026 __________ Page5 of 5 KRISHNAN RAMASAMY J. SK WP No. 31573 of 2026 07-08-2026 https://www.mhc.tn.gov.in/judis