Nagalakshmi Sadasivam Vs the District Registrar — Writ and Judicial Review | Madras HC (2025)

Nagalakshmi Sadasivam Vs the District Registrar — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Writ petition disposed of with the above directions (check slip not quashed outright): the 4th respondent to conduct an enquiry after issuing notice to the petitioner and other parties concerned, and take a decision on registration and release of the Release Deed on merits and in accordance with law, within three months; no costs.

Issue for consideration

Whether the impugned Check Slip (Receipt No.1696/2025 dated 07.02.2025) issued by the 4th respondent withholding the Release Deed dated 06.02.2025 should be quashed, and the 4th respondent directed to register the Release Deed and return it to the petitioner. +1 more

Court's answer

The 4th respondent was directed to conduct an enquiry after issuing notice to the petitioner as well as the other parties concerned, and thereafter take a decision with respect to registration and subsequent release of the Release Deed, on merits and in accordance with law.

Ratio / Principle

Where an objection is received, the registering authority is supposed to conduct an enquiry after issuing notice to the parties concerned; withholding the presented document without providing any reason is not correct.

Key takeaways

The enquiry-and-decision exercise shall be completed within a period of three months from the date of receipt of a copy of the order.ratio¶42

Detailed headnote1 paragraphs

Writ Petition (Article 226, Certiorarified Mandamus) – Registration of Release Deed – Joint No.1 Sub Registrar, Coimbatore South withheld a Release Deed dated 06.02.2025 (husband releasing his undivided share to petitioner-wife for Rs.10,00,000/-) as a pending document and issued a Check Slip (Receipt No.1696/2025, dt.07.02.2025) requiring verification with HR & CE authorities, who had communicated that the Survey Number belongs to the HR & CE Department – Held, where an objection is received the registering authority must conduct an enquiry after issuing notice to the parties concerned; withholding the document without providing any reason is not correct – 4th respondent directed to conduct enquiry after notice to the petitioner and other parties and take a decision on registration and release of the Release Deed on merits and in accordance with law, within three months – Writ petition disposed of, no costs. (Madras HC, Krishnan Ramasamy, J., 22.10.2025)

W.P.No.15427 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 22.10.2025

Coram

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY

W.P.No.15427 of 2025

Nagalakshmi Sadasivam

...Petitioner

Vs.

The District Registrar, District Collectorate, Railway Station Road, Coimbatore.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Commerical Tax Building, Ground Floor, Dr. Balasundaram Salai, Coimbatore - 641 018.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Commercial Tax Building, Ground Floor, Dr. Balasundram Salai, Coimbatore - 641 018.

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W.P.No.15427 of 2025

4.The Joint No. 1 Sub Registrar, Raja Veedhi, Coimbatore South, Coimbatore. - 01.

...Respondents

Prayer :Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus to call for the records of the Impugned Check Slip vide Receipt No.1696/2025 dated 07.02.2025 passed by the 4th Respondent and quash the same and consequently direct the 4th Respondent to register the Release deed dated 06.02.2025 pending as Document No. P/Coimbatore South Joint 1/21/2025 and return the same to the petitioner.

For Petitioner : Mr.K.Vasanthanayagan For Respondents : Mr.P.Harish (R1 and R4) Government Advocate Mr.S.Ravichandran (R2 and R3) Additional Government Pleader ***

O R D E R

This Writ Petition has been filed challenging the impugned Check

Slip vide Receipt No.1696/2025 dated 07.02.2025 passed by the 4th Respondent and quash the same and consequently direct the 4th Respondent

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W.P.No.15427 of 2025

to release the Release deed dated 06.02.2025 pending as Document No.

P/Coimbatore South Joint 1/21/2025 and return the same to the petitioner.

2. The learned counsel for the petitioner would submit that the petitioner and her husband are the absolute owners of the subject property and are in peaceful possession and enjoyment of the same. Whileso, the petitioner's husband decided to release his common undivided share of the said property for a valuable consideration of Rs.10,00,000/- in favour of the petitioner and therefore he prepared the Release Deed dated 06.02.2025 with respect to the common undivided share of the subject property in favour of the petitioner and when the same was presented for registration, the 4 th respondent has withhold the said document as pending document and issued the impugned check slip dated 07.02.2025 stating that the document can be registered and released only after verification with the respondents 2 and 3. Hence, this petition.

4. The learned Government Advocate appearing for the respondents 1 and 4, on instructions would submit that a communication was received by

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W.P.No.15427 of 2025

the 4 th

the 4 th respondent from the HR & CE Department stating that the Survey

Number pertaining to the subject property belongs to HR & CE Department and therefore not to register the same. Further, he would submit that after conducting enquiry by issuing due notice to the petitioner as well as to the parties concerned, appropriate decision will be taken to register and release the document.

5. Heard both sides. Perused the records.

6. As rightly contended by the learned Government Advocate, since the 4 th respondent received communication from the HR & CE Department not to register the document pertaining to the subject Survey No., the said authority is withholding the said document. However, no doubt, if any objection is received, the fourth respondent is supposed to conduct enquiry after issuing notice to the parties concerned, but withholding the same, without providing any reason is not correct. Therefore, this Court is inclined to direct the fourth respondent to conduct enquiry after issuing notice to the petitioner as well as to the other parties concerned and

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W.P.No.15427 of 2025

thereafter, take a decision to register and release the Release Deed, in accordance with law.

7. Accordingly, this Court directs the 4 th respondent to conduct enquiry, after issuing notice to the petitioner as well as to the other parties concerned and thereafter, take a decision with respect to registration and subsequent release of the Release Deed, on merits and in accordance with law. The said exercise shall be completed within a period of three months from the date of receipt of a copy of this order.

With the above directions, this writ petition is disposed of. No

costs.

22.10.2025 Speaking order / Non-Speaking order Index : Yes / No Neutral Citation : Yes / No arr

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W.P.No.15427 of 2025

To

The District Registrar, District Collectorate, Railway Station Road, Coimbatore.

2.The Joint Commissioner, Hindu Religious and Charitable Endowments Department, Commerical Tax Building, Ground Floor, Dr. Balasundaram Salai, Coimbatore - 641 018.

3.The Assistant Commissioner, Hindu Religious and Charitable Endowments Department, Commercial Tax Building, Ground Floor, Dr. Balasundram Salai, Coimbatore - 641 018.

4.The Joint No. 1 Sub Registrar, Raja Veedhi, Coimbatore South, Coimbatore. - 01.

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W.P.No.15427 of 2025

KRISHNAN RAMASAMY, J.,

arr

W.P.No.15427 of 2025

22.10.2025

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