Dismissed

Salem Kadayampatti Vattara Kalanjiam v. the Sub Registrar

Madras HC18 Jun 2024WP/4360/2024

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition filed by a trust member against the(Sub)Registrar seeking a direction to forbear from registering an amended trust deed. The court held that registration cannot be stalled merely because the deed challenges the management; such disputes must be resolved by the competent civil court. Consequent, the writ was dismissed.

What did the court decide?

Direction to forbear from registering the Amendment of Trust Deed was denied; writ petition dismissed.

Salem Kadayampatti Vattara Kalanjiam Vs the Sub Registrar — Landlord and Tenant | Madras HC (2024)

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W.P. No.4360 of 2024

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 18.06.2024

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CORAM:

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THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR

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W.P.No.4360 of 2024 and W.M.P. No.4692 of 2024

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Salem Kadayampatti Vattara Kalanjiam Represented by its President Angammal W/o.Senthilkumar R/S00/82, Santhaipettai Kadayampatti Omalur, Salem - 636 351

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... Petitioner

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1.The Sub Registrar Office of Sub Registrar Omalur, Salem District

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2.Kanaga ... Respondent

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Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the 1st respondent herein from registering the document presented by the 2nd respondent or her men or agent in the form of Amendment of Trust Deed/Supplementary Deed pertaining to Salem Kadayampatti Vattara Kalanjiam, Kadayampatti, Salem District by considering the representation of the petitioner dated 31.01.2024.

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________ https://www.mhc.tn.gov.in/judis

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_______ Page 1/5_

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W.P. No.4360 of 2024

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For Petitioner : Mr.R.Nalliyappan For Respondent : Mr.P.Anandhakumar Government Advocate for R1 Mr.Secular S.Arunkumar

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O R D E R

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This writ petition has been filed for a direction to forbear the 1st respondent herein from registering the document presented by the 2nd respondent or her men or agent in the form of Amendment of Trust Deed/Supplementary Deed pertaining to Salem Kadayampatti Vattara Kalanjiam, Kadayampatti, Salem District by considering the representation of the petitioner dated 31.01.2024.

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2. The learned Government Advocate appearing for the first respondent would submit that the first respondent, namely the Sub Registrar, Omalur, Salem District has filed a counter affidavit in this aspect and in paragraph 5 of the counter affidavit, it has been stated as follows:

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________ https://www.mhc.tn.gov.in/judis

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_______ Page 2/5_

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W.P. No.4360 of 2024

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"5. It is further submitted that, a deed of Supplement to the aforesaid Trust Deed dated 13.02.2024 was presented to registration by the 2nd respondent at the 1st respondent office on 13.02.2024. The respondent, issued RFL in No.Omalur/13/2024 on the same date on the ground that, there is no provision to remove the Managing Trustee in the Principal Trust Deed and the original Trust Deed was not submitted for verification as per the provisions of Rule 55(A) of the Registration Rules and informed to seek remedy in the competent court for the removal of Managing Trustee and the members."

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3. It is to be noted that the amendment of Trust Deed was based on the

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resolution of the Trust Board. Therefore, merely presenting such document, its registration cannot be stalled.

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4. As rightly pointed out in the counter affidavit, it is for the petitioner to challenge the said amendment before the competent forum/civil court having jurisdiction and not before the Sub Registrar.

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________ https://www.mhc.tn.gov.in/judis

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_______ Page 3/5_

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W.P. No.4360 of 2024

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5. Accordingly, this writ petition is dismissed. No costs. Consequently,

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the connected writ miscellaneous petition is closed.

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18.06.2024

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Speaking order / Non-speaking order Index : Yes / No Neutral Citation : Yes / No Asr

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1.The Sub Registrar Office of Sub Registrar Omalur, Salem District

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2.The Government Pleader High Court, Madras

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________ https://www.mhc.tn.gov.in/judis

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_______ Page 4/5_

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W.P. No.4360 of 2024

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N.SATHISH KUMAR, J.

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Asr

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W.P.No.4360 of 2024 and W.M.P. No.4692 of 2024

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18.06.2024

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________ https://www.mhc.tn.gov.in/judis Page 5/5

Salem Kadayampatti Vattara Kalanjiam v. the Sub Registrar

Case brief

What is this about?

What did the court decide?

Salem Kadayampatti Vattara Kalanjiam v. the Sub Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

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