Nainar Mohamed v. The District Registrar (Administration)

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.07.2025

CORAM:

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P(MD).No.16011 of 2025 Nainar Mohamed ... Petitioner vs.

1. The District Registrar (Administration), Theni District, Theni.

2. The Sub Registrar, Uthamapalaiyam, Sub-Registration Office, Theni.

3. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai.

4. The Superintendent of Wakf, Town Hall Road, Madurai.

... Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, calling for the records of the impugned Refusal Check Slilp in RFL/Uthamapalayam/4/2025 dated 04.03.2025 issued by the 2nd respondent and quash the same as illegal and direct the 2nd respondent to register the settlement deed dated 04.03.2025 within a time stipulated by this Court.

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For Petitioner : Mr.M.R.Sheik Abdul Rahim For R1 and R2 : Mr.S.Saji Bino Special Government Pleader For R3 and R4 : Mr.K.K.Senthil

ORDER

The present Writ Petition has been filed for the issuance of a Writ of Certiorarified Mandamus, to quash the records of the impugned Refusal Check Slip dated 04.03.2025 issued by the 2nd respondent and to direct the 2nd respondent to register the settlement deed dated 04.03.2025 within a time.

2. It is seen from the records that the 2nd respondent has rejected to register the document since the land belongs to the 4th respondent Wakf. This issue was already considered by this Court in the case of Sudha Ravi Kumar and Another Vs. The Special Commissioner and Others in W.P.Nos.30589 of 2013 and batch, dated 05.04.2017, wherein it is directed to issue notice to the petitioner and the temple and conduct enquiry and pass orders.

3. Therefore, the 1st respondent is directed to conduct an enquiry and pass orders in accordance to law, after issuing notice to the petitioner and the Walkf, within a period of eight weeks from the date of receipt of a copy of the order.

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4. With these observations, this writ petition is disposed of. No Costs. 23.07.2025 NCC : Yes / No Index : Yes / No Internet : Yes KSA To:

1. The District Registrar (Administration), Theni District, Theni.

2. The Sub Registrar, Uthamapalaiyam, Sub-Registration Office, Theni.

3. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai.

4. The Superintendent of Wakf, Town Hall Road, Madurai.

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S.SRIMATHY , J.

KSA ORDER MADE IN DATED : 23.07.2025 4/4