S.Perumal Naidu v. State Tamil Nadu
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.06.2025
CORAM:
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ S.Perumal Naidu
...Petitioner(s)
Vs 1.State of Tamil Nadu, Rep. by Secretary to Govt., Commercial Taxes and Registration Dept., Fort St. George, Chennai - 600 009.
2.The Inspector General of Registration, Pattinapakkam, Chennai-600 028 Santhome.
3.The District Registrar, Thiruvallur.
4.The Joint-1, Sub Registrar, Thiruvallur.
5.Superintendent of Wakfs, Poondamallee Zone, Poondamallee. ...Respondent(s) Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus, to direct the 3rd respondent to dispose off the petitioner appeal Dt:12/09/2024 filed against the Refusal Check Slip Dt:15/07/2024 vide Refusal No.RFL/1 Joint Registrar 1/6
Thiruvallur/86/2024 issued by the 4th respondent in respect of Settlement Deed Dt:15.07.2024 presented in respect of the land comprised in S.No.1001 - admeasuring 1 acre 60 cents situate within Periya Eekadu Village situate at Ikkadu Village, Thiruvallur Taluk, Thiruvallur District. For Petitioner(s) : Mr.Shanmugavelan for Mr.K.Boopalan For Respondent(s) : Mr.U.Baranidharan for R1 to R4 Special Government Pleader Mr.T.Saikrishnan for R5 Standing Counsel
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. 2.The present writ petition is filed praying for a writ of mandamus to direct the 3rd respondent to dispose of the petitioner's appeal dated 12.09.2024 filed against the Refusal Check Slip dated 15.07.2024 vide Refusal No.RFL/1 Joint Registrar Thiruvallur/86/2024 issued by the 4th respondent in respect of land comprised in S.No.1001, measuring an extent of 1 acre 60 cents, situated at Periya Eekadu Village, Thiruvallur Taluk, Thiruvallur District.
2/6
3.It is submitted by the learned counsel for petitioner that petitioner executed a Dhana/Settlement Deed dated 15.07.2024 executed by the petitioner in favour of his wife settling the above mentioned property and said deed was presented before the 4th respondent for registration. Vide Refusal No.RFL/1 Joint Registrar Thiruvallur/86/2024 dated 15.07.2024, the 4th respondent refused to registered the Dhana/Settlement Deed stating that said agricultural land belonged to Wakf Board. Aggrieved by the same, petitioner preferred an appeal before the 3rd respondent and the same is pending for consideration. It is further submitted by the learned counsel for the petitioner that appeal dated 12.09.2024 may be disposed of within a time frame to be fixed by this Court. 4.At the outset, learned Special Government Pleader for respondents 1 to 4 would submit that they would consider and dispose of the appeal dated 12.09.2024 in accordance with law, within a time frame to be fixed by this Court.
5.In view thereof, the writ petition is disposed of with a direction to the 3rd respondent to dispose of the appeal filed by the petitioner dated 3/6
12.9.2024, after affording reasonable opportunity of hearing to the petitioner, 5th respondent and any other interested persons/rival claimants, within a period of 16 weeks from the date of uploading of order. It is made clear that this Court has not expressed any views with regard to the merits of the appeal and it is open to the concerned respondent to consider the same on its own merits and in accordance with law. There shall be no order as to costs.
6.It is open to the parties to raise all contentions before the concerned authorities.
17.06.2025 Index : Yes/ No Speaking (or) Non Speaking Order pam 4/6
To 1.Secretary to Govt., State of Tamil Nadu, Commercial Taxes and Registration Dept., Fort St. George, Chennai - 600 009.
2.The Inspector General of Registration, Pattinapakkam, Chennai-600 028 Santhome.
3.The District Registrar, Thiruvallur.
4.The Joint-1, Sub Registrar, Thiruvallur.
5.Superintendent of Wakfs, Poondamallee Zone, Poondamallee.
5/6
MOHAMMED SHAFFIQ, J.
pam 17.06.2025 6/6