Since the issue involved in all these Writ Petitions are one and the same, all the Writ Petitions are disposed of by this common order.
2. The petitioner has filed the above Writ Petition to issue a writ of certiorarified mandamus calling for the records pertaining to the proceedings of the 2nd respondent dated 03.10.2013 and to quash the same and consequently, direct the 4th respondent to register the Mortgage Deed dated 28.03.2014 in a time bound manner.
3. Heard the respective learned counsels appearing for the petitioners, Mr.M.Maharaja, learned Special Government Pleader (HR & CE) appearing for the respondents 1 & 2 and Mr.A.N.Thambidurai, learned Special Government Pleader appearing for the respondents 3 & 4.
4. When the matter is taken up for hearing, the learned counsel on either side submitted that the issue involved in the above Writ Petitions are covered by the decision of a Division Bench of this Court dated 05.04.2017 made in W.P.No.30589 of 2013 etc batch.
5. The Division Bench of this Court, in the said Writ Petitions has held as follows:
“...
25.In view of the above discussions, all the writ petitions are allowed and the impugned orders are set aside with the following directions:
i. The registering authority before whom the document has been presented shall cause service of notice on the parties to the deeds and also to the objector / religious institution, hold summary enquiry, hear the parties and then either register or refuse to register the document by passing an order having regard to the relevant facts as indicated above.
ii. If the registering authority, refuses to register any document by accepting the objections raised under Section 22-A of the Registration Act, the aggrieved may file a statutory appeal under the Act.
iii. If the objections raised under Section 22-A of the Act by the religious institution are rejected and the document is registered, the remedy for the religious institution is to either approach this Court by way of a writ petition seeking cancellation of the registration or for any other relief or to approach the civil Court for declaration of the title and for other consequential reliefs.
iv. If the registering authority refuses to register the document acting on the objections raised by a religious institution under Section 22-A of the Registration Act, the parties to the deed will be at liberty to straightaway approach the Civil Court for declaration of title and other relief without availing the opportunity for filing a statutory appeal.
v. We further direct that if the deed has already been registered without there being any objection by the religious institution under Section 22-A of the Act, the document shall be returned to the parties concerned leaving it open for the religious institution to approach either the High Court under Article 226 of the Constitution of India or the Civil Court for appropriate relief as indicated above. At any rate, the registering authority shall not withhold the deed which has already been registered.
vi. Consequently the connected miscellaneous petitions are closed. No costs.”
6. Since the above Writ Petitions are covered by the order passed by the Division Bench of this Court, following the said order, all the Writ Petitions are allowed and the impugned orders are set aside with the following directions:
(a) The registering authority before whom the document has been presented shall cause service of notice on the parties to the deeds and also to the objector / religious institution, hold summary enquiry, hear the parties and then either register or refuse to register the document by passing an order having regard to the relevant facts as indicated above.
(b) If the registering authority, refuses to register any document by accepting the objections raised under Section 22-A of the Registration Act, the aggrieved may file a statutory appeal under the Act.
(c) If the objections raised under Section 22-A of the Act by the religious institution are rejected and the document is registered, the remedy for the religious institution is to either approach this Court by way of a writ petition seeking cancellation of the registration or for any other relief or to approach the civil Court for declaration of the title and for other consequential reliefs.
(d) If the registering authority refuses to register the document acting on the objections raised by a religious institution under Section 22-A of the Registration Act, the parties to the deed will be at liberty to straightaway approach the Civil Court for declaration of title and other relief without availing the opportunity for filing a statutory appeal.
(e) I further direct that if the deed has already been registered without there being any objection by the religious institution under Section 22-A of the Act, the document shall be returned to the parties concerned leaving it open for the religious institution to approach either the High Court under Article 226 of the Constitution of India or the Civil Court for appropriate relief as indicated above. At any rate, the registering authority shall not withhold the deed which has already been registered.
No costs. Consequently the connected miscellaneous petitions are closed.
Index : No 22.06.2017 Internet : Yes va To
1. The Secretary to Government, Hindu Religious and Charitable Endowment Department, Fort St.George, Chennai – 600 009.
2. The Assistant Commissioner, O/o Assistant Commissioner, Hindu Religious and Charitable Endowment Department, Coimbatore – 641 018.
3. The Sub Registrar, Annur Sub Registration Office, Coimbatore.
4. The Sub Registrar, Singanallur Sub Registration Office, Singanallur, Coimbatore.
M.DURAISWAMY, J.
va W.P.Nos.39123 of 2016, 23756 of 2016, 23797 & 23798 of 2016, 9643 of 2015, 8984 of 2014 and M.P.Nos.1 to 3 in W.P.No.23756 of 2016, W.M.P.Nos.24838, 24839, 24840 & 24841 of 2016 in W.P.Nos.23797 & 23798 of 2016, M.P.Nos.1 to 3 in W.P.No.9643 of 2015 M.P.Nos.1 to 3 of 2014 in W.P.No.8984 of 2014 22.06.2017 http://www.judis.nic.in