Madras High CourtWP/7244/2026disposed of

Vikash Kumar v. The Inspectro General Of Registration

2026-03-04Honourable Mr Justice Abdul Quddhose5 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 04-03-2026

CORAM

THE HON'BLE MR JUSTICE ABDUL QUDDHOSE Vikash Kumar S/o managlchand Jain, No 3, 1st Cross street, K.K. Nagar, manavala Nagar, Vengathur Village, Thiruvallur District.

..Petitioner(s) Vs

1. The Inspector General of Registration O/o The Inspector General Registration, Santhome, Chennai 600 028.

2. The Sub Registrar, Manavalannagar Sub Registrar office, Thiruvallur.

3. The Tamil Nadu Waqf Board Rep by its Chief Executive officer, No 1 Jaffer Strang Street, Chennai 600 001.

..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 impugned Refusal check slip No. RFL / MANAVALANAGAR / 5/ 2026 dated 13.01.2026 issued by the 2nd Respondent and quash the same and direct the 2nd respondent to register the Civil course decree passed in O.S. No 385 of 2019 by the 1st Additional District and Sessions Judge, Tiruvallur.

For Petitioner(s):

Mr.R.Sathish Kumar For Respondent(s):

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

O R D E R

This Writ Petition has been filed challenging the impugned Refusal Check Slip dated 13.01.2026, issued by the 2nd respondent, refusing to register the Civil Court decree passed in O.S.No.385 of 2019 on the file of the I Additional District and Sessions Court, Tiruvallur, on the ground that an objection has been raised by the Tamil Nadu Waqf Board. 2.The petitioner has challenged the impugned refusal check slip on the ground of violation of principles of natural justice and on the ground that the impugned refusal check slip is a non-speaking order. 3.Mr.U.Baranidharan, learned Special Government Pleader, accepts notice on behalf of the respondents 1 and 2 and Mr.T.Sai Krishnan, learned Standing Counsel for Waqf Board, accepts notice on behalf of the 3rd respondent.

4.The petitioner categorically contends before this Court that he is the

owner of the property. He has also produced supporting documents along with this Writ Petition to establish his ownership. This Court is not expressing any opinion on the merits of the same. However, as seen from the impugned order, excepting for stating that the objection has been raised by the Tamil Nadu Waqf Board for registration of any document pertaining to the property, the ownership details are not revealed. The documents through which the Tamil Nadu Waqf Board claims ownership has also not been disclosed in the impugned refusal check slip. The petitioner was also not afforded with any opportunity of hearing prior to the issuance of the impugned refusal check slip. Being a non-speaking order and an order passed in violation of principles of natural justice, necessarily, the impugned refusal check slip dated 13.01.

2026 issued by the 2nd respondent has to be quashed by this Court and remanded back to the very same respondents for fresh consideration, on merits and in accordance with law, after providing an opportunity of hearing to the petitioner and after hearing the objections of the Tamil Nadu Waqf Board.

5.Accordingly, this Writ Petition is disposed of by quashing the impugned refusal check slip dated 13.01.2026 issued by the 2nd respondent 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 Tamil Nadu Waqf Board for hearing and after hearing the respective contentions of the petitioner as well as the Tamil Nadu

Waqf Board and after giving due consideration to the supporting documents filed by them, shall take a final decision with regard to registration of the Civil Court decree passed in O.S.No.385 of 2019, by the I Additional District and Sessions Court, Tiruvallur. The aforesaid exercise shall be completed by the 2nd respondent within a period of twelve weeks from the date of a 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 O/o The Inspector General Registration, Santhome, Chennai 600 028.

2. The Sub Registrar, Manavalannagar Sub Registrar office, Thiruvallur.

3. The Tamil Nadu Waqf Board Rep by its Chief Executive officer, No 1 Jaffer Strang Street, Chennai 600 001.

ABDUL QUDDHOSE, J.

GSA 04-03-2026