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Madras High CourtWP/32625/2014disposed of

Mohamed Abu Backer Kareep v. The Joint Ii Sub Registrar

2018-08-09Honourable Mr Justice M.Duraiswamy3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.08.2018

CORAM

THE HON'BLE MR. JUSTICE M.DURAISWAMY W.P.No. 32625 of 2014 and M.P.No.1 of 2014 Mohamed Abu Backer Kareep Jisthi

...Petitioner

vs.

1.The Joint II Sub Registrar, Krishnagiri, Krishnagiri Town and Post.

2.The District Registrar, Krishnagiri.

3.The Inspector General of Registration, Santhome High Road, Chennai - 4.

... Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus, directing the first respondent to register and return the Wakf deed dated 19.8.2014, to the petitioner without insisting upon the details as sought vide proceedings dated 19.8.2014 in T.No.1 of 2014. For Petitioner : Mr.N.A.Nissar Ahmed For Respondents : Mr.T.M.Pappiah Special Government Pleader

O R D E R

The petitioner has filed the above Writ Petition to issue a Writ of mandamus, directing the first respondent to register and return the Wakf deed dated 19.8.2014, without insisting upon the details as sought for vide proceedings dated 19.8.2014.

2. Mr.N.A.Nissar Ahmed, learned counsel appearing for the petitioner submitted that Wakf deed submitted by the petitioner for registration was not registered by the first respondent, in spite of his representation dated 19.8.2014. The learned counsel further submitted that as per G.O.Ms.No.903, dated 04.09.1986, the petitioner has paid the necessary registration charges and

also stamp duty. That apart, the learned counsel also submitted that without considering the representation dated 19.08.2014, the first respondent has returned the document for complying the defects pointed out in the order dated 19.08.2014.

3. Mr.T.M.Pappiah, learned Special Government Pleader appearing for the respondents submitted that the petitioner may be directed to give a fresh representation to the first respondent and on submission of the same, the first respondent may be directed to consider the representation to be submitted by the petitioner afresh in accordance.

4. Having regard to the submissions made by the learned counsel on either side, the petitioner is directed to submit a fresh representation along with all the supportive documents to the first respondent within a period of one week from the date of receipt of a copy of this order and on receipt of the same, the first respondent is directed to consider the same in the light of G.O.Ms.No.903, dated 04.09.1986 and pass orders, on merits and in accordance with law, within a period of two weeks from the date of submission of the representation by the petitioner.

5.With these observations, the Writ Petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar ms To 1.The Joint II Sub Registrar, Krishnagiri, Krishnagiri Town and Post.

2.The District Registrar, Krishnagiri.

3.The Inspector General of Registration, Santhome High Road, Chennai - 4.

+1cc to Mr.N.A.Nissar Ahmed, Advocate sr.no.54779 +1cc to Government Pleader sr.no.55022 W.P.No. 32625 of 2014 and M.P.No.1 of 2014 pvs(co) nr 09/08/2018