Madras High Court
M/S.Ramco Super Leathers Limited vs The Inspector General Of ... on 25 November, 2021
WP.Nos.3581 & 3744 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 25.11.2021
CORAM
THE HONOURABLE Mr. JUSTICE G.K.ILANTHIRAIYAN
WP.Nos.3581 & 3744 of 2021
WP.No.3581 of 2021
M/s.Ramco Super Leathers Limited,
Represented by its Director,
S.Palaniappan,
Sethu House,
No.28, Dr.Alagappa Road,
Chennai 600 084 ... Petitioner
Vs
1.The Inspector General of Registration,
Santhome High Road,
Chennai 600 004
2.The District Registrar,
Office of the District Registrar,
Vellore District,
Vellore 632 001
3.The Joint Sub Registrar-II,
Office of the Joint Sub Registrar-II,
Vellore 632 001
4.The Chief Executive Officer,
The Tamil Nadu Wakf Board,
1/14
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WP.Nos.3581 & 3744 of 2021
No.1, Jaffer Syrang Street,
Vallall Seethakathi Nagar,
Chennai 600 001 ... Respondents
Prayer :- Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus calling for the records
relating to impugned check slip in No.09/2020 dated 17.12.2020 of the third
respondent and quash the same as illegal and consequently direct the third
respondent to register the deed of power of attorney dated 15.12.2020
presented by the petitioner in application No.TP/98444588/2020-21 (D321)
and indented sale deeds/conveyance deeds in respect of the land situated at
Karugamputhur Village, Vellore District in survey No.125/2A (now sub-
divided assigned new survey No.125/2A2) measuring 3 acres and 15 cents
and in survey no.125/4D (now sub-divided assigned new survey
No.125/4D2) measuring 27 cents without insisting NOC within the time
frame fixed by this Court.
WP.No.3744 of 2021
M/s.Ramco Super Leathers Limited,
Represented by its Director,
S.Palaniappan,
Sethu House,
No.28, Dr.Alagappa Road,
Chennai 600 084 ... Petitioner
Vs
https://www.mhc.tn.gov.in/judis
WP.Nos.3581 & 3744 of 2021
1.The Inspector General of Registration,
Santhome High Road,
Chennai 600 004
2.The District Registrar,
Office of the District Registrar,
Vellore District,
Vellore 632 001
3.The Joint Sub Registrar-II(Incharge),
Office of the Joint Sub Registrar-II,
Vellore 632 001
4.The Chief Executive Officer,
The Tamil Nadu Wakf Board,
No.1, Jaffer Syrang Street,
Vallall Seethakathi Nagar,
Chennai 600 001 ... Respondents
Prayer :- Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus calling for the records
relating to impugned check slip in No.10/2020 dated 17.12.2020 of the third
respondent and quash the same as illegal and consequently direct the third
respondent to register the deed of power of attorney dated 15.12.2020
presented by the petitioner in application No.TP/98464299/2020 (22D322)
and indented sale deeds/conveyance deeds in respect of the plots owned by
the petitioner at Karugamputhur Village, Vellore District in survey
No.125/2A (now sub-divided assigned new survey No.125/2A2) measuring
in total 48708 sq.ft. without insisting NOC within the time frame fixed by
this Court.
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WP.Nos.3581 & 3744 of 2021
For Petitioner
in both W.P.'s : Mr.L.Abdul Basith
For Respondents
in both W.P.'s
For R1 to 3 : Mr.Yogesh Kannadasan,
Special Government Pleader
For R4 : Mr.Mohammed Aseef
COMMON ORDER
The writ petitions are filed to issue a Writ of Certiorarified
Mandamus calling for the records relating to impugned check slips in No.09
& 10/2020 dated 17.12.2020 of the third respondent and quash the same as
illegal and consequently direct the third respondent to register the deed of
power of attorney dated 15.12.2020 presented by the petitioner and indented
sale deeds/conveyance deeds in respect of the plots owned by the petitioner.
2. The case of the petitioners is that the petitioner in WP.No.3581
of 2021 purchased the property comprised in survey No.125/2A2,
admeasuring 3 acres and 15 cents and in survey No.125/4D2 admeasuring
27 cents by registered sale deeds vide document Nos.1329 and 1453 of 1993
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WP.Nos.3581 & 3744 of 2021
and the petitioner in WP.No.3744 of 2021 purchased the land comprised in
survey No.125/2A2 admeasuring 48708 sq.ft. in by various registered sale
deeds as follows:
S Document No. Plot No. Survey Sub Sq.ft.
No. Number divided as
1 1141/1993 41 125/2A 125/2A2 2400
42 2400
2 1142/1993 43 125/2A 125/2A2 2400
3 1287/1993 70 125/2A 125/2A2 2760
72 3060
4 1392/1993 57 125/2A 125/2A2 1800
5 1518/1993 22 125/2A 125/2A2 1250
6 1532/1993 21 125/2A 125/2A2 1250
7 1533/1993 40 125/2A 125/2A2 1250
8 1536/1993 39 125/2A 125/2A2 1250
9 1537/1993 38 125/2A 125/2A2 1250
10 1538/1993 19 125/2A 125/2A2 1250
11 1539/1993 18 125/2A 125/2A2 1250
12 1771/1993 33 125/2A 125/2A2 1250
13 1772/1993 34 125/2A 125/2A2 1500
35 1500
14 2200/1993 20 125/2A 125/2A2 1250
15 2608/1993 37 125/2A 125/2A2 1250
16 2609/1993 23 125/2A 125/2A2 1250
17 2789/1993 74 125/2A 125/2A2 3360
75 3674
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WP.Nos.3581 & 3744 of 2021
S Document No. Plot No. Survey Sub Sq.ft.
No. Number divided as
18 2790/1993 8 125/2A 125/2A2 1244
19 3202/1993 24 125/2A 125/2A2 1250
20 3288/1993 36 125/2A 125/2A2 1250
21 4339/1993 7 125/2A 125/2A2 1560
22 479/1994 55 125/2A 125/2A2 2400
56 2400
Total 48708
Thereafter, the petitioner decided to sale those lands and executed power of
attorney in favour of one, Kumarappan to execute sale deed in favour of
intended purchasers on 15.12.2020 and presented for registration on
17.12.2020. However, the third respondent issued the impugned check slips
dated 17.12.2020 for the reason that the fourth respondent raised objections
as if the subject property belongs to the Tamilnadu Wakf Board.
3. The learned counsel for the petitioner would submit that the
subject properties are private properties and they never belonged to the
fourth respondent. In fact, the petitioner produced related documents to
show that the subject properties are private properties. In fact, the fourth
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WP.Nos.3581 & 3744 of 2021
respondent as well as the petitioner's vendors filed suit before the civil court
and obtained decree in favour of the petitioner's vendors in respect of the
subject properties. On the strength of the civil court decrees, the fourth
respondent passed resolution dated 18.08.2015, thereby decided to resolve
that the subject properties are not wakf property and that it is only personal
inam in favour of individuals and inherited by them as successor who has
got every legal title over the subject property. Therefore, the fourth
respondent by its proceedings unanimously resolved that the properties
comprised in survey Nos.125/1, 125/2, 125/4, 141/1A and 141/3 situated at
Hajipura, Karugamputhur Village, Vellore District are not wakf properties
and they are only personal properties of the private owners and as such
question of issuance of No Objection Certificate by the fourth respondent
over the private property does not arise. However, the fourth respondent i.e.
Chief Executive Officer represented the Tamil Nadu Wakf Board, raised
objections against their own resolution before the third respondent alleging
that the subject properties belong to the fourth respondent. Though the
petitioner produced all the civil court decrees and order passed by the fourth
respondent dated 18.08.2015, the third respondent without considering the
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WP.Nos.3581 & 3744 of 2021
same, mechanically passed the impugned check slips, thereby refused to
register the power of attorney executed by the petitioner.
4. Heard, Mr.L.Abdul Basith, the learned counsel for the
petitioner, Mr.Yogesh Kannadasan, Special Government Pleader appearing
for the respondents 1 to 3, and Mr.Mohammed Aseef, the learned counsel
for the fourth respondent.
5. On perusal of the counter filed by the fourth respondent,
revealed that the subject properties belong to the Hajipura, Haji Abdullah
Sha Khadiri Tomb and Kabrasthan Wakf, Karugamputhur, Vellore District
and it is under supervisory control of the fourth respondent. Purchase of the
said properties by the petitioner is violative of the provisions under Section
51 sub-clause 1(A) and also Section 104A of Wakf Act, 1995, which
prohibits sale, gift, exchage, mortgage or transfer of wakf properties to any
person. Once the properties are dedicated for religious purpose and reflected
in the proforma of the said wakf, it is wakf property and any dispute over
the wakf properties has to be decided by the wakf Tribunal and shall be
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WP.Nos.3581 & 3744 of 2021
final, unless it is revoked or modified by the Tribunal. Further revealed that
the fourth respondent Board passed resolution dated 18.08.2015 by
following the civil court decrees, but in proforma report it is clearly reflected
that it is the wakf property. Therefore, the contention of the petitioner that
the subject properties are private property is not valid and the third
respondent rightly refused to register the power of attorney executed by the
petitioner.
6. Whereas on perusal of the counter filed by the third respondent,
revealed that while presenting the power of attorney document for
registration, the petitioner also enclosed registered sale deeds, pattas and
resolution passed by the fourth respondent as subject properties are private
properties and no need to issue No Objection Certificate for registration of
any deed of conveyance. Further revealed from the letter dated 13.10.2020
submitted by the fourth respondent, the subject land belongs to Haji
Abdullah Shah Kadhiri and Kabarsthan Wakf notified under the Gazatte in
serial No.350/N.A and hence requested the third respondent not to register
any document conferring the subject properties until clearance is issued by
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WP.Nos.3581 & 3744 of 2021
the fourth respondent. Therefore, the power of attorney was returned with
the impugned check slips, thereby refused to register the said documents.
Under Section 22(A)(iv) of the Registration Act provides that the Registering
Officer shall refuse to register any document relating to the transfer of
immovable properties by way of sale, gift, mortgage, exchange or lease of
wakfs which are under the superintendence of the Tamilnadu Wakf Board.
Therefore, the third respondent issued the impugned check slips and refused
to register the power of attorney document on perusal of the documents as
stated supra.
7. By order dated 18.08.2015, the fourth respondent resolved as
follows:
“Therefore taking all the circumstances into
consideration and that in view of the over whelming
documentary evidence and innumerous judgments of the
civil courts upholding the right of the petitioner over these
properties, this Board is of the unanimous view that the
petitioner herein has established that the petition
mentioned properties is not wakf property at all. But it is
the absolute property of the petitioner's ancestors
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WP.Nos.3581 & 3744 of 2021
commencing Haji Abdullah Sha Khaderi from the 17th
century having been gifted by the Nawab Abdullah Khan of
Vellore Fort has personal inam. Hence, the properties
described in the annexure of the proforma of Haji Abdullah
Sha Khaderi Tomb and Kabrasthan Wakf in Survey
no.125/1, 125/2, 125/4 and 141/1A and 141/3 in Hajipura,
Karugamputhur Village, Vellore District are not wakf
properties and that it is only a personal inam in favour of
the individuals and inherited by the petitioner as a
successor who has got every legal title over this property.
Hence in view of the fact that since the Tamil Nadu Wakf
Board by its proceedings unanimously resolved that the
properties in Survey No.125/1, 125/2, 125/4 and 141/1A
and 141/3 in Hajipura, Karugamputhur Village, Vellore
District are not wakf properties and they are only the
personal properties of the petitioner, the question of issuing
a No Objection Certificate by this Board over a private
property does not arise.”
Accordingly, the fourth respondent resolved that the subject properties are
not wakf properties on the basis of the civil court decrees.
8. On perusal of the judgment and decrees passed in OS.Nos.942
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WP.Nos.3581 & 3744 of 2021
of 1967 and 996 of 1967, 1117 of 1967 and 1156 of 1967 by the common
judgment and decree dated 12.03.1969 on the file of the Additional District
Munsif, Vellore filed by the fourth respondent in respect of very same
subject property were dismissed and confirmed in the appeal suits in
AS.Nos.207, 208, 209, 332 and 347 of 1970 on the file of the District Judge
of North Arcot at Vellore by the judgment and decree dated 25.02.1970 filed
as against the vendors of the petitioners. Thereafter, the petitioner's vendor
filed S.T.Appeal No.3 of 1972 and this Court by order dated 24.09.1974,
directed the Tahsildar to issue patta in respect of the subject property in
favour of the petitioner's vendor. Even thereafter, private persons disturbed
the possession and enjoyment of the subject property and aggrieved by the
same, the petitioner's vendor again filed suit in OS.No.229 of 1975 and the
same was decreed in favour of the petitioner's vendor by judgment and
decree dated 29.09.1979 and confirmed by this Court in SA.No.1766 of
1990 dated 03.07.2002. Therefore, the fourth respondent cannot have any
objection to deal with the property by the petitioner.
9. In view of the above, the impugned check slips cannot be
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WP.Nos.3581 & 3744 of 2021
sustained and liable to be set aside. Accordingly, the impugned check slips in
Nos.09 & 10/2020 dated 17.12.2020 of the third respondent are set aside.
The petitioner is directed to re-present the power of attorney dated
15.12.2020 and on receipt of the same, the third respondent is directed to
register and release the same forthwith.
10. With the above directions, both the writ petitions are allowed.
No order as to costs.
25.11.2021
lok
Index:Yes/No
Internet:Yes/No
Speaking/Non speaking
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WP.Nos.3581 & 3744 of 2021
G.K.ILANTHIRAIYAN, J.
lok
To
1.The Inspector General of Registration,
Santhome High Road,
Chennai 600 004
2.The District Registrar,
Office of the District Registrar,
Vellore District,
Vellore 632 001
3.The Joint Sub Registrar-II,
Office of the Joint Sub Registrar-II,
Vellore 632 001
4.The Chief Executive Officer,
The Tamil Nadu Wakf Board,
No.1, Jaffer Syrang Street,
Vallall Seethakathi Nagar,
Chennai 600 001
WP.Nos.3581 & 3744 of 2021
25.11.2021
https://www.mhc.tn.gov.in/judis
