Kadar Mydeen v. The Inspector General of Registration

ORDER This writ petition has been filed for issuance of writ of mandamus forbearing the third respondent from entertaining any document pertaining to the subject property and registering the same, by considering the representation made by the petitioner on 23.09.2020.

¶2Heard Mr.S.M.A.Jinnah, learned counsel for the petitioner, Ms.S.Jeyapriya, learned Government Advocate for the respondents 1 to 3 and Mr.N.Mohideen Basha, learned standing counsel for the fourth respondent.

¶3The learned Standing Counsel appearing on behalf of the Waqf Board submitted that on scrutiny of the records, it is found that as per the proforma, the property in question belongs to the Waqf Board.

¶4In view of the above, there shall be a direction to the third respondent to consider the objection submitted by the petitioner, before entertaining any document pertaining to the property situated at S.Nos.136/1, 146/3 measuring to an extent of 1.66 acres at Sathirapatti, Sattur Taluk, Virudhunagar District. The third respondent is bound to consider the objections, since the property in question is stated to be a Waqf property and the same is also confirmed by the Waqf Board.

¶5This writ petition is disposed with the above directions. No costs. Consequently, connected miscellaneous petition is closed.

05.10.2023 NCC : Yes/No Internet :Yes/No Index :Yes/No sm TO:

1.The Inspector General of Registration, O/o. The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Chennai – 28.

2.The District Registrar, O/o. The District Registrar, Registration Department, Virudhunagar, Virudhunagar District.

3.The Sub Registrar, O/o. Sub Registrar, Registration Department, Sattur, Virudhunagar District.

N.ANAND VENKATESH, J. sm W.P.(MD)No.15630 of 2020 Dated:

05.10.2023

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 05.10.2023 CORAM THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH W.P.(MD)No.15630 of 2020 and W.M.P.(MD)No.13116 of 2020 Kadar Mydeen ...Petitioner /Vs./ 1.The Inspector General of Registration, O/o. The Inspector General of Registration, No.100, Santhome High Road, Foreshore Estate, Chennai – 28. 2.The District Registrar, O/o. The District Registrar, Registration Department, Virudhunagar, Virudhunagar District. 3.The Sub Registrar, O/o. Sub Registrar, Registration Department, Sattur, Virudhunagar District. 4.The Superintendent of Wakf Board, Tamil Nadu Wakf Board, Madurai. . ..Respondents PRAYER:- Petition - filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, forbearing the respondents from registering the document for the Survey Nos.136/1, 146/3 with extent about 1 acre 66 cents in Sathirapatti, Sattur Taluk, Virudhunagar district by considering the petitioner's representation dt.23.9.2020. For Petitioner : Mr.S.M.A.Jinnah For Respondents : Ms.S.Jeyapriya (R1to R3) Government Advocate Mr.N.Mohideen Basha (R4) Standing Counsel