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Madras High CourtWP(MD)/28375/2025allowed

Kuppusamy, v. The Sub Registrar,

2025-10-13Honourable Mr Justice G.R.Swaminathan5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2025

CORAM

THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN Kuppusamy ... Petitioner Vs.

1.The Sub Registrar, Registration Department, Chathirapatti Registration Office, Dindigul District.

2.The Chairman, Tamilnadu Waqf Board, No.1, Jaffar Sarang Street, Vallal Seethakathi Nagar, George Town, Chennai-600 001.

... Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus, to call for the records of the 1st respondent in his refusal order in RFL/Chathirapatti/74/2025 dated 03.10.2025 and quash the same as without devoid of merits and consequently direct the 1st respondent to register the petitioners sale deed in survey No.13/1B and 13/2, situated at Poduvarpatti Village, Ottanchathiram Taluk, Dindigul District to an extent of 27 ares and 3 ares 75.0 sq. meter. 1/5

For Petitioner : Mr.T.Ramasamy For Respondents : Mr.G.V.Vairam Santhosh Additional Government Pleader for R1 : Mr.K.K.Senthil for R2

ORDER

Heard both sides.

2. The petitioner executed the petition-mentioned sale deed in favour of his son. The document was presented for registration. The registration was refused on the ground that NOC was not obtained from the second respondent. It is seen that the directions given by the Hon'ble Division Bench in Sudha Ravi Kumar Vs. Special Commissioner and Commissioner, Hindu Religious and Charitable Endowment Department, Chennai reported in 2017 (3) CTC 135 were not followed. On this sole ground, the impugned refusal check slip is quashed. The matter is remitted to the file of the first respondent. The first respondent shall adhere to the procedure set out in the aforesaid decision and pass an appropriate order within eight weeks after the document is re-presented. I have not gone into the merits of the matter. The contentions of both sides are left open.

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3. The writ petition is allowed accordingly. No costs. 13.10.2025 Index : Yes / No Internet : Yes/ No rmi To The Sub Registrar, Registration Department, Chathirapatti Registration Office, Dindigul District.

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G.R.SWAMINATHAN, J.

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