High Court · 2024

W.P.No. 19254 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 25.11.2024CORAMTHE HONOURABLE Ms. JUSTICE P.T. ASHAW.P.No. 19254 of 2024C. Ravichandran … PetitionerVs1. The Inspector General of Registration No.100, Santhome High Road, Pattinapakkam, Chennai – 600 0232. The District Registrar Arasu nagar, Thandavaraya nagar Kancheepuram – 631 6013. The Sub Registrar NSK Avenue, Manickam Road, Kundrathur, Chennai – 600 0694. The Tamil nadu Wakf Board Represented by its Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi nagar, Chennai – 600 0011/9 https://www.mhc.tn.gov.in/judis W.P.No. 19254 of 20245. Syed Sadiq Mosque Represented by its Wakf Accountant/Executive Officer Office of the Wakf Executive, Poonamallee Circle, Periy Palli Vasal, 1st floor, Mosque Street, Poonamallee, Chennai – 600 056 ... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India seeking to issue Writ of Certiorarified Mandamus, calling for the impugned orders passed by the 2nd respondent in refusal number: RFL/Kundrathur/29/2024, T.P.No.184592596/2024 dated 18.06.2024 and quash the same, consequently direct the 2nd respondent to register the document No.T.P/184592596/2024 submitted by the Petitioner. For Petitioner :Ms.P.Kavitha For Respondents 1 to 3 :Mr.P.Harish Government AdvocateFor Respondent 4:Mr. T.Saikrishnan ORDER2/9 https://www.mhc.tn.gov.in/judis W.P.No. 19254 of 2024Challenging the refusal check slip issued by the 3rd respondent dated 18.06.2024, the petitioner is before this Court.2. It is the case of the petitioner that he had purchased the property in question from S.P.Muthuraman, S.Kannan, K.Viswanathan and V.Mani under a registered Sale Deed dated 14.03.2013. The petitioner was in possession and enjoyment of the said property since then. Thereafter, out of his love and affection, the petitioner had executed a Deed of Settlement dated 18.06.2024 in favour of his son, R.C.Balaji and presented it for registration before the Sub Registrar, Kundrathur. The 3rd respondent kept it pending and thereafter returned it with a check slip, stating that the lands comprised in Survey No.539 is in violation of Section 22-A(1)(iv) of the Registration Act, in the light of the letter forwarded by the 4th respondent in R.C.No.10731/04/B9/KPM dated 10.12.2012 and 23.06.2022 stating that the lands in Survey Number 539 belonged to the 5th respondent Mosque. 3/9 https://www.mhc.tn.gov.in/judis W.P.No. 19254 of 20243. The petitioner would submit that the lands in Survey No.539 had been purchased by the Cine Technicians Association of South India from one Sulochana and 4 others under a registered Document Nos.2139, 2143, 2909 to 2911 on the file of the S.R.O , Kundrathur wherein the parent document is shown as Document No.1622 of 1972. Thereafter, the Association had obtained a layout plan approval from the CMDA and the plots were sold to members of the Association. The Association, while obtaining the approval, had also executed a Gift Deed in favour of Mangadu Town Panchayat to an extent of 2826 sq.ft. for road and 2112 sq ft for park. In the year 2013, the petitioner had intended to purchase the property, which is the subject matter of this writ petition, from the Members of the Association and a sale deed was executed in his favour. When the document was presented for registration before the Sub Registrar, Kundrathur, the same was kept pending stating that the lands belonged to the Wakf Board. Thereafter, on request, a legal opinion was forwarded by the Government 4/9 https://www.mhc.tn.gov.in/judis W.P.No. 19254 of 2024Advocate to then Sub Registrar of Kundrathur and the Government Advocate had opined that the objections of the 4th respondent Board cannot be taken into account, as the Wakf Board has not produced any document to show their right to the aforesaid survey number. Thereafter, S.P.Muthuraman and 3 others had executed a Sale Deed in favour of the petitioner, registered as Document No.4732 of 2013 on the file of the Sub Registrar, Kundrathur. Further, a General Power of Attorney was executed by the petitioner in favour of M/s.Geetham Foundation Private Limited, registered as Document No.11961 of 2013 dated 02.09.2013. Thereafter, the General Power of Attorney was cancelled and the cancellation deed has been registered as Document No.13327 of 2022 dated 29.06.2022. When the petitioner had visited the website of the 5th respondent to check whether the land in question belonged to the Mosque, he came to learn that Survey No.111 measuring an extent of 2-98.50 hectares belonged to the Mosque and this land had nothing to do with the property in question. Therefore, the petitioner is before this Court.5/9 https://www.mhc.tn.gov.in/judis W.P.No. 19254 of 20244. Heard both sides and perused the materials available on record.5. As submitted by the learned counsel for the petitioner, the website of the Tamil Nadu Wakf Board describes the 5th respondent in Serial Number No.3 and the general information with reference to the 5th respondent shows that that they are the owners of Survey No.111 measuring an extent of 2-98.50 hectares of Nanjai land. The “A” Register describes the land in Survey No.539 as Ryotwari Nanjai lands which belonged to one S.K.Ramanajalu and others, who are the predecessor-in-title of the petitioners. Therefore, the order of the 3rd respondent cannot be sustained and is accordingly set aside.6. In the above circumstances, the Writ Petition is allowed and impugned order of the 3rd respondent dated 18.06.2024 is set aside. 6/9 https://www.mhc.tn.gov.in/judis W.P.No. 19254 of 2024The petitioner is directed to represent the Deed of Settlement along with a copy of the order of this Court before the 3rd respondent within a period of two weeks from the date of receipt of a copy of this order and on such representation, the documents shall be registered. There shall be no order as to costs.25.11.2024Index: Yes/NoSpeaking order/non-speaking orderNeutral Citation: Yes/NosrnTo,1. The Inspector General of Registration No.100, Santhome High Road, Pattinapakkam, Chennai – 600 0232. The District Registrar Arasu nagar, Thandavaraya nagar Kancheepuram – 631 6013. The Sub Registrar NSK Avenue, Manickam Road, Kundrathur, Chennai – 600 0694. The Executive Officer,7/9 https://www.mhc.tn.gov.in/judis W.P.No. 19254 of 2024 Tamil nadu Wakf Board No.1, Jaffer Syrang Street, Vallal Seethakathi nagar, Chennai – 600 0015. The Wakf Accountant/Executive Officer Office of the Wakf Executive, Poonamallee Circle, Periy Palli Vasal, 1st floor, Mosque Street, Poonamallee, Chennai – 600 0568/9 https://www.mhc.tn.gov.in/judis W.P.No. 19254 of 2024P.T.ASHA, J.,srnW.P.No. 19254 of 202425.11.20249/9

W.P.No. 19254 of 2024 IN THE HIGH COURT OF JUDICATURE AT MADRASDated : 25.11.2024CORAMTHE HONOURABLE Ms. JUSTICE P.T. ASHAW.P.No. 19254 of 2024C. Ravichandran … PetitionerVs1. The Inspector General of Registration No.100, Santhome High Road, Pattinapakkam, Chennai – 600 0232. The District Registrar Arasu nagar, Thandavaraya nagar Kancheepuram – 631 6013. The Sub Registrar NSK Avenue, Manickam Road, Kundrathur, Chennai – 600 0694. The Tamil nadu Wakf Board Represented by its Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi nagar, Chennai – 600 0011/9 https://www.mhc.tn.gov.in/judis W.P.No. 19254 of 20245. Syed Sadiq Mosque Represented by its Wakf Accountant/Executive Officer Office of the Wakf Executive, Poonamallee Circle, Periy Palli Vasal, 1st floor, Mosque Street, Poonamallee, Chennai – 600 056 ... RespondentsPrayer: Writ Petition filed under Article 226 of the Constitution of India seeking to issue Writ of Certiorarified Mandamus, calling for the impugned orders passed by the 2nd respondent in refusal number: RFL/Kundrathur/29/2024, T.P.No.184592596/2024 dated 18.06.2024 and quash the same, consequently direct the 2nd respondent to register the document No.T.P/184592596/2024 submitted by the Petitioner. For Petitioner :Ms.P.Kavitha For Respondents 1 to 3 :Mr.P.Harish Government AdvocateFor Respondent 4:Mr. T.Saikrishnan ORDER2/9 https://www.mhc.tn.gov.in/judis W.P.No. 19254 of 2024Challenging the refusal check slip issued by the 3rd respondent dated 18.06.2024, the petitioner is before this Court.2. It is the case of the petitioner that he had purchased the property in question from S.P.Muthuraman, S.Kannan, K.Viswanathan and V.Mani under a registered Sale Deed dated 14.03.2013. The petitioner was in possession and enjoyment of the said property since then. Thereafter, out of his love and affection, the petitioner had executed a Deed of Settlement dated 18.06.2024 in favour of his son, R.C.Balaji and presented it for registration before the Sub Registrar, Kundrathur. The 3rd respondent kept it pending and thereafter returned it with a check slip, stating that the lands comprised in Survey No.539 is in violation of Section 22-A(1)(iv) of the Registration Act, in the light of the letter forwarded by the 4th respondent in R.C.No.10731/04/B9/KPM dated 10.12.2012 and 23.06.2022 stating that the lands in Survey Number 539 belonged to the 5th respondent Mosque. 3/9 https://www.mhc.tn.gov.in/judis W.P.No. 19254 of 20243. The petitioner would submit that the lands in Survey No.539 had been purchased by the Cine Technicians Association of South India from one Sulochana and 4 others under a registered Document Nos.2139, 2143, 2909 to 2911 on the file of the S.R.O , Kundrathur wherein the parent document is shown as Document No.1622 of 1972. Thereafter, the Association had obtained a layout plan approval from the CMDA and the plots were sold to members of the Association. The Association, while obtaining the approval, had also executed a Gift Deed in favour of Mangadu Town Panchayat to an extent of 2826 sq.ft. for road and 2112 sq ft for park. In the year 2013, the petitioner had intended to purchase the property, which is the subject matter of this writ petition, from the Members of the Association and a sale deed was executed in his favour. When the document was presented for registration before the Sub Registrar, Kundrathur, the same was kept pending stating that the lands belonged to the Wakf Board. Thereafter, on request, a legal opinion was forwarded by the Government 4/9 https://www.mhc.tn.gov.in/judis W.P.No. 19254 of 2024Advocate to then Sub Registrar of Kundrathur and the Government Advocate had opined that the objections of the 4th respondent Board cannot be taken into account, as the Wakf Board has not produced any document to show their right to the aforesaid survey number. Thereafter, S.P.Muthuraman and 3 others had executed a Sale Deed in favour of the petitioner, registered as Document No.4732 of 2013 on the file of the Sub Registrar, Kundrathur. Further, a General Power of Attorney was executed by the petitioner in favour of M/s.Geetham Foundation Private Limited, registered as Document No.11961 of 2013 dated 02.09.2013. Thereafter, the General Power of Attorney was cancelled and the cancellation deed has been registered as Document No.13327 of 2022 dated 29.06.2022. When the petitioner had visited the website of the 5th respondent to check whether the land in question belonged to the Mosque, he came to learn that Survey No.111 measuring an extent of 2-98.50 hectares belonged to the Mosque and this land had nothing to do with the property in question. Therefore, the petitioner is before this Court.5/9 https://www.mhc.tn.gov.in/judis W.P.No. 19254 of 20244. Heard both sides and perused the materials available on record.5. As submitted by the learned counsel for the petitioner, the website of the Tamil Nadu Wakf Board describes the 5th respondent in Serial Number No.3 and the general information with reference to the 5th respondent shows that that they are the owners of Survey No.111 measuring an extent of 2-98.50 hectares of Nanjai land. The “A” Register describes the land in Survey No.539 as Ryotwari Nanjai lands which belonged to one S.K.Ramanajalu and others, who are the predecessor-in-title of the petitioners. Therefore, the order of the 3rd respondent cannot be sustained and is accordingly set aside.6. In the above circumstances, the Writ Petition is allowed and impugned order of the 3rd respondent dated 18.06.2024 is set aside. 6/9 https://www.mhc.tn.gov.in/judis W.P.No. 19254 of 2024The petitioner is directed to represent the Deed of Settlement along with a copy of the order of this Court before the 3rd respondent within a period of two weeks from the date of receipt of a copy of this order and on such representation, the documents shall be registered. There shall be no order as to costs.25.11.2024Index: Yes/NoSpeaking order/non-speaking orderNeutral Citation: Yes/NosrnTo,1. The Inspector General of Registration No.100, Santhome High Road, Pattinapakkam, Chennai – 600 0232. The District Registrar Arasu nagar, Thandavaraya nagar Kancheepuram – 631 6013. The Sub Registrar NSK Avenue, Manickam Road, Kundrathur, Chennai – 600 0694. The Executive Officer,7/9 https://www.mhc.tn.gov.in/judis W.P.No. 19254 of 2024 Tamil nadu Wakf Board No.1, Jaffer Syrang Street, Vallal Seethakathi nagar, Chennai – 600 0015. The Wakf Accountant/Executive Officer Office of the Wakf Executive, Poonamallee Circle, Periy Palli Vasal, 1st floor, Mosque Street, Poonamallee, Chennai – 600 0568/9 https://www.mhc.tn.gov.in/judis W.P.No. 19254 of 2024P.T.ASHA, J.,srnW.P.No. 19254 of 202425.11.20249/9