Madras High CourtWP(MD)/14944/2024disposed of

Dhanapal. A v. The Joint 1 Sub-Registrar

2025-08-08Honourable Mrs Justice S.Srimathy4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 08.08.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY and W.M.P.(MD)No. 13108 of 2024

1. A. Dhanapal

2. A.Ramasamy

3. A.Chellan @ Selvam ... Petitioners Vs.

1. The Joint 1 Sub-Registrar, Karur.

2. The Chief Executive Officer, Tamilnadu Waqf Board, No. 1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai.

3. Jamia Maajid Mosque, Represented by its Mutawalli, Karur.

...Respondents

PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records relating to the impugned refusal check slip vide No. RFL/Joint Sub Registrar No. 1, Karur/25/2024, dated 07.06.2024 and to quash the same and consequently, to direct the 1st respondent to register and release the document presented by the 1/4

petitioners within a time frame fixed by this Court. For Petitioners : Mr.H. Arumugam For R1 : Mr.S.Saji Bino Special Government Pleader For R2 and R3 : No appearance *****

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the impugned refusal check slip, dated 07.06.2024 and consequently direct the 1st respondent to register and release the document presented by the petitioners within a time frame fixed by this Court. 2.The contention of the petitioners 2 and 3 is that the land belongs to them. When the petitioners approached the 1st respondent to register the sale deed, the 1st respondent refused to register the same stating that the land belongs to the Waqf.

3.When it is a temple land / Waqf land, the 1st respondent is bound to conduct enquiry by calling the petitioners as well as the Waqf / temple and then pass orders as per the order passed in the case of Sudha Ravi Kumar and Another Vs. The Special Commissioner and Others in W.P.Nos.30589 of 2013 2/4

and batch, dated 05.04.2017.

4.Therefore, the 1st respondent is directed to conduct an enquiry and pass orders in accordance to law.

5.With the above observations, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petition is closed.

08.08.2025 NCC : Yes / No Index : Yes / No Internet : Yes Tmg To The Joint 1 Sub-Registrar, Karur 3/4

S.SRIMATHY , J.

Tmg ORDER MADE IN DATED : 08.08.2025 4/4