D.Sambath v. The Inspector General Of Registration
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 18.03.2025
CORAM
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH
1. D.Sambath S/o. Devarajulu Naidu
2. Santhi W/o. D.Sambath 3.T.Sridhar S/o.Thakkappan 4.R.Dinesh Singh S/o.H.Ravindranath Singh 5.B.Anuradha W/o P.Bhasker 6.S.Sabitha W/o B.Thasil 7.S.Raja Sambath S/o. D.Sambath 8.David Gnana Doss S/o. T.Chellaiah 9.R.C.Balaji 10.V.Kiruba S/o.Vijayakumar ... Petitioners Vs.
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1. The Inspector General Of Registration No.100, Santhome High Road, Pattinapakkam, Chennai-23.
2.The District Registrar, No.9, Jeenis Road, 2nd Floor, Saidapet, Chennai- 15.
3.The Sub Registrar NSK Avenue, Manickam Road, Kundrathur, Chennai-69.
4.The Tamil Nadu Wakf Board Rep By Its Executive Officer, No.1, Jaffer Syrang Street, Vallala Seethakathi Nagar, Chennai-01.
5.Syed Sadiq Mosque Rep By Its Waqf Accountant / Executive Officer Office Of Wakf Executive, Poonamallee Circle, Periy Palli Vasal, First Floor, Mosque Street, Poonamallee, Chennai-56.
... Respondents Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the third respondent to register the documents submitted by the petitioners pertaining to the land situated at survey Nos. 539/1A1, 539/1A5, 539/ 1A7, 539/1A1A, 539/1A10, 539/1A4, 539/1A8, 539/2, 539/3, 539/18 539/1A6A and 539/1A2 all situated in survey No.539p in C.T.A. Garden II Phase, Mangadu Village, Sriperumbudur Taluk, now Pallavaram Taluk, Kancheepuram District, Registration District of South Chennai and Sub Registration District office of Kundrathur without insisting for 2/6
NOC from the fourth Respondent in pursuant to the order passed in W.P. No.19254/ 2024.
For Petitioner : Ms.P.Kavitha For Respondents : Mr.B.Vijay Additional Government Pleader [R1 to R3] Mr.Avinash Watwani [R4 & R5] *****
O R D E R
This writ petition has been filed seeking issuance of a writ of mandamus directing the third respondent to register the sale deed presented for registration pertaining to the subject property without insisting for No Objection Certificate from the fourth respondent.
2. Heard Ms.P.Kavitha, learned counsel for petitioner, Mr.B.Vijay, learned Additional Government Pleader appearing for respondents 1 to 3 and Mr.Avinash Watwani, learned counsel for respondents 4 and 5.
3. In the considered view of this Court, the documents presented for registration are not being entertained based on the letter given by the fourth respondent dated 10.12.2012. Hence, it will be more appropriate for the third respondent to follow the guidelines issued by the 3/6
Division Bench of this Court in Sudha Ravi Kumar v. The Special Commissioner [2017 (3) CTC 135]. Paragraph No.25 deals with the guidelines that were given to registering authority to conduct a summary enquiry and take a decision.
4. In the light of the above discussion, there shall be a direction to the third respondent to conduct a summary enquiry by calling the petitioners and the fourth respondent for the enquiry and take a decision with respect to registration of the document within a period of four (4) weeks from the date of receipt of a copy of this order. This writ petition is disposed of with the above direction. No costs.
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To
1. The Inspector General of Registration No.100, Santhome High Road, Pattinapakkam, Chennai-23.
2.The District Registrar, No.9, Jeenis Road, 2nd Floor, Saidapet, Chennai- 15.
3.The Sub Registrar NSK Avenue, Manickam Road, Kundrathur, Chennai-69.
4.The Executive Officer Tamil Nadu Wakf Board No.1, Jaffer Syrang Street, Vallala Seethakathi Nagar, Chennai-01.
5.Waqf Accountant / Executive Officer Syed Sadiq Mosque Office of Wakf Executive, Poonamallee Circle, Periy Palli Vasal, First Floor, Mosque Street, Poonamallee, Chennai-56.
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N.ANAND VENKATESH, J gm 18.03.2025 6/6