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Madras High CourtWP/7753/2026disposed of

Mrs.Safiya Mohamed Yacoob v. The Inspector General Of Registration

2026-03-04Honourable Mr Justice Abdul Quddhose6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Mrs.Safiya Mohamed Yacoob W/o.Mr.Mohamed Yacoob Plot No.7180 First Floor TNHB Ayappakkam, Tiruvallur, Tamil Nadu 600077.

Presently residing at No.21/22 Ground Floor, Lettangs Road Purasaiwakkam, Chennai 600007.

..Petitioner(s) Vs

1. The Inspector General Of Registration Santhome High Road Chennai 600028.

2. The Sub Registrar, Sub Registrar Office, No.2/92 SH 49 Kazura Garden, Neelankarai, Chennai 600115.

3. Tamil Nadu Waqf Board, Rep by its Chief Executive Officer, No.1 Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai 600001.

..Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India praying for issuance of Writ of Certiorarified Mandamus, calling for the records relating to the Refusal Check Slip bearing Refusal Number RFL/ Neelankarai/33/2025 dated 30.10.2025 on the file of the 2nd respondent and quash the same as arbitrary illegal and unconstitutional and consequently direct the 2nd respondent to register the Sale Deed dated 30.10.2025 executed by (1)

Mr.M.Abbas, (2) Mr.K.S.T.M.Sulthan Syed Ibrahim, (3) Mr.M.Jahir Hussain,

(4) Mrs.K.S.T.M. Fathima Beevi in favour of Mrs.Safiya Mohamed Yacoob bearing Temporary No. TP/237803766/2025 herein without insisting for a NOC or any other document from the 3rd respondent. For Petitioner(s):

Mr.Niranjan Rajagoplan for Mr.Syed Anwar S.H.

For Respondent(s):

Mr.U.Baranidharan, Special Government Pleader (For R1 & R2) Mr.T.Sai Krishnan Standing Counsel for Waqf Board (For R3)

O R D E R

This Writ Petition has been filed challenging the impugned refusal check slip dated 30.10.2025, issued by the 2nd respondent, refusing to register the sale deed presented by the petitioner for registration on the ground that the 3rd respondent, Waqf Board has sent a communication to the 2nd respondent not to entertain any document for registration pertaining to the property which is the subject matter of this Writ Petition.

2.The petitioner has challenged the impugned order on the ground of violation of principles of natural justice and on the ground it is a non-speaking order. The petitioner categorically contends before this Court that she is the absolute owner of the property disclosed in the sale deed presented by her for registration. She has also filed supporting documents along with this Writ

Petition in order to establish her ownership. This Court is not expressing any opinion on the merits of the same.

3.Mr.U.Baranidharan, learned Special Government Pleader, accepts notice on behalf of the respondents 1 & 2 and Mr.T.Sai Krishnan, learned Standing Counsel for Waqf Board accepts notice on behalf of the 3rd respondent. 4.Admittedly, as seen from the impugned refusal check slip dated 30.10.2025, excepting for stating that a communication was received from the 3rd respondent not to entertain request for registration of documents pertaining to the subject property, the details of those documents and communications have not been disclosed in the impugned refusal check slip dated 30.10.2025 and the petitioner was also not provided with an opportunity of hearing to substantiate her case that she is the owner of the property.

Being an order passed in violation of principles of natural justice and an order which is a nonspeaking order, necessarily, the impugned refusal check slip dated 30.10.2025 issued by the 2nd respondent has to be quashed and the matter is remanded back to the 2nd respondent for fresh consideration on merits and in accordance with law, after affording opportunity of hearing to both the petitioner as well as the 3rd respondent and any other third party whom the 2nd respondent deem fit to enquire, within a time frame to be fixed by this Court. No prejudice would be caused to any other parties if the aforesaid direction is issued by this Court.

5.For the foregoing reasons, the impugned refusal check slip dated 30.10.2025 is hereby quashed and the matter is remanded back to the 2nd respondent for fresh consideration, on merits and in accordance with law. The 2nd respondent shall issue notice to both the petitioner as well as the 3rd respondent for hearing and both the parties are permitted to produce supporting documents in support of their respective contentions and after giving due consideration to the same, the 2nd respondent shall take a final decision with regard to whether the sale deed presented by the petitioner for registration can be registered or not. The aforesaid exercise is directed to be completed by the 2nd respondent within a period of twelve weeks from the date of receipt of a copy of this order. There shall be no order as to costs. 04-03-2026 Index: Yes/No Speaking/Non-speaking order GSA To

1. The Inspector General Of Registration Santhome High Road Chennai 600028.

2. The Sub Registrar Sub Registrar Office No.2/92 SH 49 Kazura Garden Neelankarai, Chennai 600115.

3. Tamil Nadu Wakf Board Rep by its Chief Executive Officer No.1 Jaffer Syrang Street Vallalseethakathi Nagar Chennai 600001.

ABDUL QUDDHOSE, J.

GSA 04-03-2026