Madras High Court
WP(MD)/30067/2026 of A.Nithya Khusalaa Vs The Sub Registrar on 16 October 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16-10-2026
CORAM
THE HON'BLE MR JUSTICE K.KUMARESH BABU
W.P(MD) No. 30067 of 2026
CNR:{HCMD011489502026}
A.Nithya Khusalaa
..Petitioner(s)
Vs
1. The Sub Registrar,
(Document Registration Department),
Pettai Sub-registration Office,
Tirunelveli District.
2. The Joint Commissioner,
Office of the Joint Commissioner,
Hindu Religious And Charitable Endowments Department, Tirunelveli District.
..Respondent(s)
PRAYER: 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 of the impugned refusal check slip in RFL/
Pettai/91/2026 dated 27.07.2026 passed by the 1st respondent and quash the same as illegal and consequently direct the respondent to register the settlement deed presented by the petitioner dated 30.03.2026.
For Petitioner
:Ms.S.Meena
For Respondents
:Mr.S.Siva Thilakar
Special Government Pleader
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ORDER
The present Writ Petition has been filed in the nature of a Writ of Certiorarified Mandamus challenging the impugned refusal check slip issued by the first respondent.
2. Heard Ms.S.Meena, learned Counsel for the petitioner and Mr.S.Siva Thilakar, learned Special Government Pleader, who accepts notice on behalf of the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage.
3. By the impugned refusal check slip, dated 27.07.2026, the first respondent herein had refused to register the document in relation to the subject property indicating that the subject property belongs to the HR & CE Department as per letter dated 25.09.2023 issued by the HR & CE Department.
4. It is pertinent to note that in such circumstances, the Hon’ble Division Bench of this Court in Sudha Ravi Kumar and another -vs.- The Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department, Chennai and others, reported in 2017-2-L.W. 637, had held that it is mandatory on the part of the registering authority to conduct an enquiry, when such claims are made by the HR & CE Department on a document being presented for registration.
5. In that regard, as and when a document is presented for registration in relation to the objections raised by the HR & CE Department, the first respondent shall conduct an enquiry and thereafter, proceed to register the document.
6. With the aforesaid directions, the present Writ Petition is disposed of. There shall be no order as to costs. 16-10-2026 Index: Yes/No Speaking/Non-speaking order Neutral Citation: Yes/No cmr To
1. The Sub Registrar (Document Registration Department) Pettai Sub-registration Office Tirunelveli District.
2. The Joint Commissioner Office Of The Joint Commissioner Hindu Religious And Charitable Endowments Department Tirunelveli District.
K.KUMARESH BABU, J. cmr WP(MD) No. 30067 of 2026 16-10-2026