J.Michael v. The Sub Registrar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 03.09.2025

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN W.P.No.20790 of 2019 and WMP.No.19977 of 2019 J.Michael ... Petitioner Vs.

1.The Sub Registrar, Registration Department, Kelamangalam, Krishnagiri District 2.The Wakf Inspector, Dharmapuri and Krishnagiri, Krishnagiri ... Respondents PRAYER:

Writ Petition is filed under Article 226 of Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the entire records relating to the impugned refusal check slip dated 26.03.2019 issued by the first respondent herein, quash the same and consequently direct the first respondent herein to register the sale deed dated 26.03.2019 presented by the petitioner.

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For Petitioner : Mr.Govi Ganesan K.

For Respondents For R1 : Mr.U.Baranidharan, Special Government Pleader For R2 : Mrs.V.Srimathi

O R D E R

This writ petition has been filed challenging the refusal check slip dated 26.03.2019 issued by the first respondent, thereby refusing to register the sale deed.

2.

The petitioner had purchased the property to an extent of 10 cents comprised in SF.No.166/1A, situated at Mathigiri Village, Hosur Taluk, Krishnagiri District by the sale deed dated 26.03.2019 and he presented the said sale deed for registration. However, it was refused to be registered and refusal check slip has been issued on the ground that the second respondent submitted objection by way of proforma stating that the subject property belongs to wakf.

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3.

The learned counsel for the petitioner would submit that before conducting any enquiry under Section 22-A of the Registration Act, the first respondent mechanically refused to register the sale deed. 4.

Heard, the learned counsel appearing on either side and perused all the materials placed before this Court. 5.

On perusal of records, it is revealed that the second respondent raised objections by way of proforma stating that the property comprised in survey No.166/1A1 situated at Mathigiri Village, Hosur Taluk, Krishnagiri District, belongs to wakf. Therefore, the petitioner ought to have declared the property in his favour in the manner known to law before the wakf and after declaration in his favour, the petitioner can very well present the sale deed for registration. 6.

In view of the above, this Court finds no infirmity or illegality in the refusal check slip issued by the first respondent. As such, this writ petition is liable to be dismissed. Accordingly, this writ petition 3/6

is dismissed. Consequently, connected miscellaneous petition is closed. There shall be no order as to costs.

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To 1.The Sub Registrar, Registration Department, Kelamangalam, Krishnagiri District 2.The Wakf Inspector, Dharmapuri and Krishnagiri, Krishnagiri 3.The Government Advocate, High Court of Madras G.K.ILANTHIRAIYAN, J.

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