1 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :: 24.11.2011 CORAM :: THE HONOURABLE MR. JUSTICE V. RAMASUBRAMANIAN W.P.(MD)No.7702 of 2011 G. Thandayuthapani, S/o. Govindarajan, No.5, Butterworth Road, Trichy - 620 002. ...... Petitioner Vs - 1. The Inspector General of Registration, Santhome, Chennai. 2. Joint Sub Registrar - III, Trichy. ...... Respondents Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the second respondent to release the pending Doc.No.201000181 executed in favour of the petitioner. For Petitioner :: Mr. B. Prasanna Vinoth For Respondents :: Mr. R. Karthikeyan Additional Government Pleader O R D E R The petitioner has come up with the above writ petition seeking a direction to the second respondent to register the document presented by him for registration. 2. Heard Mr. B. Prasanna Vinoth, learned counsel for the petitioner and Mr. R. Karthikeyan, learned Additional Government Pleader for the respondents. 3. Two persons by name P.Rm.P.S.PL.J.Subramanian Chettiyar and P.Rm.P.S.PL.PL.Subramanian Chettiyar of Pallathur, Karaikudi Taluk, Sivagangai District claiming to be the Trustees of a family Trust by name P.Rm.P.Samavedha Padasalai executed a Deed of Sale on 18.11.2010 in favour of the petitioner in respect of certain properties belonging to the Trust. The said document was presented before the second respondent for registration. But, the second respondent refused to register the same. Therefore, the petitioner is before this Court. 4. After notice was ordered, the second respondent has filed a counter affidavit. She has claimed that for the properties in question, the guideline value could not be located. Therefore, the second respondent appears to have looked into the village "A" Register to find out whether the property belonged to a temple or the Government. The village "A" Register reflected the name of Samavedha Padasalai as the owner of the property. Therefore, claiming that the property cannot be registered in view of the guidelines issued by the Government in G.O.Ms.No.1023 Commercial Taxes and Hindu Religious Endowment Department dated 05.11.1985, the second respondent has refused to register the sale deed. 5. The stand taken by the second respondent is unacceptable. It is the very Trust by name Samavedha Padasalai, which had executed the Sale https://hcservices.ecourts.gov.in/hcservices/ 2 Deed in favour of the petitioner. If third parties attempt to alienate the property belonging to the temple, then it may be possible for the second respondent to raise an objection. The Trust in question is also stated to be a private family trust. At any rate, the Trust is not an institution claimed to be under the control of the Hindu Religious and Charitable Endowments Department. 6. It may be that under Section 34 of the Indian Trusts Act 1882, the Trustees are required to obtain Court permission. But, the question whether the Sale Deed would be vitiated for want of permission of a Competent Court, is not a matter of concern for the second respondent. Suppose there are other Trustees and any one interested in the Trust seeks to question, it is up to the petitioner to face the music in those proceedings. But, it is not for the second respondent to refuse the Registration when there is no dispute between the petitioner and the Trust in question, especially when the Trust is not within the administrative control of Hindu Religious and Charitable Endowment Department. 7. In view of the above, this writ petition is allowed and the second respondent is directed to comply with all the formalities of Registration, subject to the petitioner paying all necessary charges. However, there will be no order as to costs. Sd/- Assistant Registrar (T & P) /True copy/ Sub Assistant Registrar(C.S) To: 1. The Inspector General of Registration, Santhome, Chennai. 2. Joint Sub Registrar - III, Trichy. +1. CC to the Special Government Pleader, SR.No. 41462 Dpn/- W.P.(MD)No. 7702 of 2011 24.11.2011 TR : 09.12.2011: 2p/4c https://hcservices.ecourts.gov.in/hcservices/