Legal Question in Civil Rights Law in India

26.03.2014

Repeat query. Already answered.

Registration of temple land can not be made with out the no objection of the concerned H.R.& C.E Authoity as per the G.O.Ms.No.150, Commercial Tax Department dated 22.9.2000. Later, the said G.O was withdrawn by the Government as it cannot be traceable to the power conferred under Section 22-A of the Registration Act. However, the State Government subsequent to the judgment of the Division Bench in Captain Dr.R.Bellie v. the Sub Registrar, Registration Office, Sulur, Coimbatore District reported in 2007 (3) CTC 513 has also made an amendment to the Registration Act by Tamil Nadu Act 2 of 2009 and empowered to refuse to register in respect of lands relating to Tamil Nadu Hindu Religious and Charitable Endowment Board.

As per the judgment in S.Rangarajan vs. the District Registrar reported in 2008 (4) LW 411 , if the owner has objection to the registration, then the refusal can be made by the Registrar. In similar case in M.Muthaiya vs. the State of Tamil Nadu,the Madras high court held that since the idol of Ranganathaswamy is the true owner, the Executive Officer had to protect the property and therefore he was right in requesting the Sub Registrar not to register any document. The matter was also taken on appeal in W.A.(MD) No.295 of 2009. The Division Bench dismissed the appeal on 20.7.2009.

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