Full Judgment
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ and W.M.P.No.14024 of 2025 H.Mohammed Rabi ... Petitioner Vs.
1. Inspector General of Registration, Santhome High Road, Santhome, Chennai 600 028.
2. The Sub Registrar, The Sub Registrar Office, No.271, Coimbatore Main Road, Dasampalayam, Mettupalayam 641 301.
3. The Chief Executive Office, Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Valla Seethakathi Nagar, Chennai 600 001. ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus, calling for the records of the impugned refusal slip issued by the 2nd respondent vide RFL/Mettupalayam/12/2025 dated 11.03.2025 as illegal and quash the same and consequently direct the 2nd respondent to register the sale deed dated 11.03.2025. For Petitioner(s) : Mr.M.Mahamani For R1 and R2 : Mr.Abishek Murthy Government Advocate For R3 : Mr.Haja Mohideen Gisthi Standing Counsel
ORDER
The present writ petition is filed praying for a writ of certiorarified mandamus challenging the refusal slip dated 11.03.2025 on the premise that the WAKF Board vide letter dated 21.02.2022 had requested the Registration Department not to proceed with registration of the properties enclosed to the said communication.
2. It is submitted by the learned counsel for the petitioner that prior to the
WAKF Board's letter/communication dated 21.02.2022, the Inspector General of Registration had issued a communication/circular dated 08.10.2021 clarifying that properties belonging to WAKF shall not be registered unless a No Objection Certificate is annexed along with the documents sought to be registered. 2.1. It is submitted by the learned counsel for the petitioner that though this writ petition is filed challenging the refusal check slip, would seek the
liberty of this Court to approach the WAKF Board to submit a representation with regard to issuance of No Objection Certificate in respect of the subject property comprised in Survey No.687, admeasuring an extent of 1.84 acres, bearing Patta No.551, situated in Bellathi Village, Mettupalayam Taluk, Coimbatore District.
3. Learned counsel appearing for the WAKF Board would submit that if
any such representation is made by the petitioner the same would be considered and appropriate orders would be passed within a time frame to be fixed by this Court.
4. In this circumstance, it is open to the petitioner to submit a
representation seeking No Objection Certificate before the WAKF Board. If any such representation is made by the petitioner the same shall be considered and appropriate orders shall be passed by the 3rd respondent within a period of 4 weeks from the date of petitioner's representation. It is made clear that this Court has not expressed any view with regard to the merits of the case and it is open to the concerned respondent to consider the matter on its own merits and in accordance with law.
5. Accordingly, the writ petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 25.06.2025
Speaking (or) Non Speaking Order
Index : Yes/ No Neutral Citation: Yes/No spp To:
1. Inspector General of Registration, Santhome High Road, Santhome, Chennai 600 028.
2. The Sub Registrar, The Sub Registrar Office, No.271, Coimbatore Main Road, Dasampalayam, Mettupalayam 641 301.
3. The Chief Executive Office, Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Valla Seethakathi Nagar, Chennai 600 001.
MOHAMMED SHAFFIQ, J.
spp 25.06.2025