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Madras High CourtWP/27511/2017disposed of

Balakrishnan, v. Chief Executive Officer,

2017-11-30Honourable Mr Justice K. Ravichandrabaabu3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.11.2017

CORAM

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU Writ Petition No.27511 of 2017 and W.M.P.No.29406 of 2017 Balakrishnan

...Petitioner

Vs.

1.Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2. The Superintendent of Wakfs, Cuddalore, 512, Gandhi road, Panruti, Cuddalore District.

3. The Sub Registrar, Valavanur, Villupuram District.

4. A.Mohamed Rafi (4th Respondent impleaded vide order dated 23.11.2017 made in WMP.31719 of 2017 in WP.NO.27511 of 2017) ... Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India, praying for issuance of a Writ of Mandamus to direct the 1st respondent to issue no objection certificate in respect of the petitioner land in S.No.68/1, Valavanur Village, Villupuram District, to enable the 3rd respondent to register the sale deed to be presented by the petitioner in respect of the said property, within a time frame to be fixed by this Court. For Petitioner : Mr.A.Tamilvanan For Respondent : Mr.V.Lakshminarayanan, Standing Counsel for R1 and R2 Mr.P.Senthilvel, Government Advocate for R3

O R D E R

The petitioner seeks for a direction to the 1st respondent to issue No Objection Certificate in respect of the land at S.No.68/1, Valavanur Village,Villupuram District, so as to enable the 3rd respondent to register the sale deed to be presented by the petitioner in respect of the said property.

2. Heard both sides.

3. It is seen that the subject matter property which is claimed to be the property of the petitioner is referred to in some records as the property belongs to the Wakf. According to the petitioner, the said land does not belong to the Wakf.

4. This Court, at this stage, is not expressing any view on the rival claims made by the parties as the petitioner is seeking only No Objection Certificate from the first respondent. It is for the petitioner to approach the first respondent to issue such certificate by making proper representation. If any such representation is received from the petitioner, the first respondent shall consider the same and pass orders on merits and in accordance with law within a period of four weeks from the date of receipt of such representation.

5. With the above observation, the writ petition is disposed of. No costs. Consequently, connected miscellaneous petition is closed.

Sd/- Asst.Registrar (CO) /true copy/ Sub Asst. Registrar vsi To 1.Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2. The Superintendent of Wakfs, Cuddalore, 512, Gandhi Road, Panruti, Cuddalore District.

3. The Sub Registrar, Valavanur, Villupuram District.

+ 1 cc to M/s.V.Raghavachari, Advocate,SR.85356 + 1 cc to M/s.V.Balamurugan, Advocate,SR.85327 + 1 cc to The Govt.Pleader, SR.85824 W.P. No.27511 of 2017 GJII(CO) NR 13/12/2017