Madras High Court
Mr.Sulthan Basha vs The District Registrar on 17 November, 2025
Author: Krishnan Ramasamy
Bench: Krishnan Ramasamy
W.P.No.29599 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 17.11.2025
Coram
The Honourable Mr.Justice Krishnan Ramasamy
W.P.No.29599 of 2025
Mr.Sulthan Basha ...Petitioner
Vs.
1. The District Registrar,
O/o. District Registrar,
Ranipettai District.
2. The Sub-Registrar,
O/o.The Sub-Registrar Office,
Kaveripakkam, Ranipettai District.
3. The Chief Executive Officer,
Tamil Nadu Wakf Board,
No.1, Jaffor Sirang Street,
Vallal Seethakathi Nagar,
Chennai – 600 001.
4. The Tahsildar,
O/o. Nemili Taluk Office,
Ranipettai District. ...Respondents
Prayer
Writ Petition filed under Article 226 of the Constitution of India
praying for the issuance of a Writ of Certiorarified Mandamus to call for
records on the file of the second respondent to quash the impugned refusal
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
slip dated 11.07.2025 in RFL/Kaveripakkam/39/2025 and consequently, to
direct the second respondent to register the sale deed dated 11.07.2025 in
TP/218422181/2025 within a time fixed by this Court.
For Petitioner : Mr.K.Seetharam
For Respondents, 1,2 & 4 : Mr.P.Harish
Government Advocate
For Respondent-3 : Mr.T.Sai Krishnan
Standing Counsel for Wakf Board
Order
The challenge in this Writ Petition is to the refusal slip issued by the
second respondent dated 11.07.2025 and to quash the same, and
consequently, to direct the second respondent to register the sale deed dated
11.07.2025 within a time frame fixed by this Court.
2. Learned counsel for the petitioner would submit that the petitioner,
being the absolute owner of the property comprised in Old Survey
No.1119/A1 and New Survey No.1119/1A3 situated at Kaveripakkam Town
Panchayat intended to a sell a portion of his property in favour of some third
party and presented a sale deed dated 11.07.2025, for the purpose of
registration, however, the second respondent by virtue of the impugned
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
Refusal Check Slip refused to register the sale deed citing the reason that all
the properties in Survey Number 1119/2 belongs to the third respondent,
Tamil Nadu Wakf Board and and challenging the said refusal, the present
Writ Petition is filed.
2.1 Learned counsel for the petitioner would further submit that
petitioner's vendor, viz., S.Kannan inherited the subject property through his
family Partition Deed dated 20.03.1975, and the said Kannan also obtained
patta in respect of the subject property from the Revenue Department; that
but, since the property neighbouring to Kannan's property in S.No.1119/2 is
owned by the third respondent-Wakf Board, the said Vendor of the petitioner
wrote letters to the respondent-Wakf Board dated 03.10.2022 and
21.10.2022, and got clarified the issue vide reply from the third respondent-
Wakf Board dated 03.11.2022 that the property in S.No.1119/1 does not
belong to the third respondent-Wakf Board and it is a private property; that it
is only thereafter, the petitioner has purchased the said property vide a sale
deed dated 06.12.2022. Therefore, it is contended that the third respondent-
Wakf Board vide its reply dated 03.11.2022 made it clear via. its Proforma
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
Report that only a portion in S.No.1119, i.e. S.No.1119/2 belongs to the third
respondent-Wakf Board, however, the second respondent vide the impugned
refusal held that the all the properties situated in Kaveripattiam Village
belongs to the Wakf, and therefore, prays for setting aside the impugned
refusal check slip dated 11.07.2025.
3. The learned Government Advocate for respondents 1, 2 and 4
would submit that in the record maintained by the respondents Office, the
subject property is mentioned as ''Wakf Property'' and therefore, the petitioner
has been directed to obtain No Objection Certificate from the third
respondent-Wakf Board and that if at all, the petitioner claims to have right
over the subject property, the petitioner has to approach the Civil Court and
establish his title over the property in the manner known to law.
4. So far as the learned Standing Counsel for the third respondent-
Wakf Board is concerned, he produced a Gazette Notification dated
11.02.1959, published in terms of Section 5 (2) of the Muslims Wakf Act,
1954, wherein, the details of Wakfs existing in the Madras State were
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
mentioned and made his submissions that the properties situated in
Kaveripakkam Village mentioned in Sl.Nos.8, 15 and 16 of the said
notification falls under the category of Wakf properties. However, when this
Court pointed out that the subject property, viz. the property bearing New
S.No.1119/1A3, has no relevance to the property mentioned in Sl.No.15, (as
the Survey number mentioned in Sl.No.15 bears the number, ''1119/2, he
fairly admitted that the petitioner's property bearing New S.No.1119/1A3
does not fall under the category of Wakf Property, and S.No.1119/2 alone
belongs to Wakf, viz., Mohammed Sheriff Thakya Tope, but then, submitted
that the properties mentioned in Sl.Nos.8 and 16 falls under the category of
Wakf property and therefore, he prays for appropriate orders.
5. Heard the learned counsel for the petitioner and the learned
Government Advocate for respondents 1, 2 and 4 and the learned Standing
Counsel for third respondent-Wakf Board and perused the materials placed on
record.
6. The petitioner claims to be the owner of the property in New
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
S.No.1119/1A3 situated at Kaveripakkam Town Panchayat and is intended
to sell a portion of the same in favour of some third party. Accordingly, the
petitioner presented a sale deed dated 11.07.2025 for registration. However,
the second respondent vide Refusal Check Slip dated 11.07.2025 refused to
register the same by citing the reason that all the properties situated in
Kaveripakkam Village belongs to the Wakf Board and insisted the petitioner
to obtain NOC from the third respondent-Wakf Board. Challenging such
Refusal dated 11.07.2025, the present Writ Petition is filed.
7. Therefore, it has to be seen as to whether the petitioner's property,
bearing New S.No.1119/1A3 falls under the category of Wakf or not.
However, this Court before proceeding to decide the said issue, is of the view
that it would be apposite to refer to the definition of the term, ''Wakf''
described in Section 3 (l) of Muslim Wakf Act, 1954, which is as follows:-
3 (l) ''Wakf'' means the permanent dedication by
a person professing Islam [ or any other person] of any
movable or immovable property for any purpose
recognized by the Muslim law as pious, religious or
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
charitable and includes -
(i) a wakf by user; [ but such wakf shall not
cease to be a wakf by reason only of the user having
ceased irrespective of the period of such cesser]
(ii) grants (including mashrut-ul-khidmat) for any
purpose recognised by the Muslim law as pious,
religious or charitable;
and
(iii) a wakf-alal-aulad
and ''Wakif'' means any person making such
dedication.
[Provided that in the case of a dedication by a
person not professing Islam, the Wakf shall be void if,
on the death of such person, any obligation to such
dedication is raised by one or more of his legal
representatives]
(la) ''Wakf Commissioner'' means the Wakf
Commissioner appointed under sub-section (1) of
Section 21]
(m) ''Wakf Deed'' means any deed or instrument by
which a wakf has been created and includes any valid
subsequent deed or instrument by which any of the
terms of the original dedication have been varied.''
8. Thus, a reading of the definition of the term, ''Wakf'' (referred to
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
supra) means to say that any property, either movable or immovable, that has
been dedicated by a person professing Islam (or any other person, as the case
may be) for the purpose recognized by the Muslim law as pious, religious or
charitable, such property is called as ''Wakf Property''.
9. Reverting to the facts of case on hand, as noticed above, it is the
claim of the petitioner that the property in New S.No.1119/1A3 situated in
Kaveripakkam Village belongs to him.
10. Per contra, it is the contention of the learned Standing Counsel
for the third respondent that the properties situated in Kaveripakkam Village
belongs to Wakf Board.
11. Therefore, this Court in order to ascertain as to whether, the
petitioner's property falls under the category of ''Wakf'', orally directed the
learned Standing Counsel to produce a Gazette notification issued in terms of
the Muslim Act, as per which, they claim right over the subject property.
12. Accordingly, the learned Standing Counsel for the third
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
respondent-Wakf Board produced a Gazette Notification issued in terms of
sub-section 2 of Section 5 of the Muslim Wakf Act, 1954 dated 11.02.1959
wherein, the details of Wakfs existing in the State of Madras were mentioned.
13. On a careful perusal of the said notification, it is clearly seen that
the property, mentioned at Sl.No.15, bearing S.No.1119/2 belongs to Wakf,
viz., Mohammed Sheriff Thakya Tope, whereas, the properties mentioned at
Sl.Nos.8 and 16 have no relevance to the survey number of the petitioner's
property. In this context, it would be appropriate to refer to the properties
mentioned in S.Nos.8, 15 and 16 of the Gazatee Notification dated
11.02.1959, which are as follows:-
i) Sl.No.8 :- Fort Mosque Burial Ground in Kaveripakkam
Village S.No.1278,0-10. Mosque puromboke of
Kaveripakkam Village.
ii) Sl.No.15:- Md.Sheriff Takya Tope in S.No.Kaveripakkam
1119/2 of Kaveripakkam Village and P.O..
iii) Sl.No.16 :- Mohamadiya Madrasa Nazarali Takya
burial ground of Kaveripakkam of
Kondapuram Village
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
14. A perusal of the above description of properties, it is seen that
even though the properties mentioned at Sl.Nos.8 and 15, references were
made to the survey number, actual extent of the properties was not
mentioned, therefore, in such case, the Court can construe the entire extent of
the properties mentioned in Sl.Nos.8 and 15 belongs to Wakf Board.
However, so far as the properties mentioned at Sl.No.16 is concerned, survey
number was not mentioned.
15. Further, a reading of the Section 3 (l) of the Wakf Act (referred to
above) makes it clear that the term, ''Wakf'' means a permanent dedication of
movable or immovable property by a person professing Islam [or any other
person] for certain obligations under the Muslim law, viz. for the purpose
such as pious, religious or charitable.
16. Pausing here for a moment, this Court feels that it is also relevant
to extract the provisions of Section 5 (2) of the Wakf Act, 1954, which is as
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
follows:-
''The Board shall examine the report forwarded to it
under sub-section (1) and publish, in the Official
Gazette, a list of wakfs 2*[existing in the State, or as
the case may be, the part of the State, whether in
existence at the commencement of this Act or coming
into existence thereafter) to which the report relates,
and ] containing such particulars as may be prescribed.''
17. Thus, a conjoint reading of Section 3(l) and 5 (2) makes it clear
that, when a person comes forward to dedicate his property either movable or
immovable for certain purposes recognized under the Muslim Law, certainly,
there is an obligation on the part of the Wakf Board to publish list of movable
and immovable properties, containing the particulars such as extent, survey
number, once such details are mentioned in the Gazatte notification, proving
their ownership of the property, automatically, statutory protection is granted
to them and no other person can claim right over the property, unless and
otherwise, such persons established their title through the Civil Court.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
18. As already noticed above, the term, ''Wakf'' means dedication of
properties, either movable or immovable property by a person to carry-out
certain obligations under the Muslim law. Once, the details of property, such
as extent, survey number and name of the Village are declared in the Official
Gazette, the statutory protection under the Wakf Act is provided to the Wakf
Board to claim right over the property and the bar under Section 22-A of the
Registration Act, 1908 would apply to the Wakf Board, and in the event of
failure on the part of the Board to provide in the list of Wakfs, the extent,
survey number and village etc., details in the Gazette publication, the
statutory protection under the said Act will not be enured to the Wakf Board
to claim right over the property and the bar under Section 22-A of the
Registration Act would not apply and it is for the Wakf Board to establish
their right over the property by approaching Civil Court and agitate the issue
in the manner known to law.
19. In the present case, so far as the properties mentioned in Sl.Nos.8
and 15 are concerned, there were references to the survey number of the
properties, and hence, the third respondent-Wakf Board can claim right over
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
the same, and if any third party claims right over such properties, obviously,
they have to approach the Civil Court so as to establish their right/title over
the property, and in such case, the Court can presume that such property
belongs to Wakf Board, until the production of proof of title by the third
parties to the claim, if any, in the form of judgment and decree obtained from
the Civil Court.
20. As far as the property mentioned in Sl.No.16 is concerned, the
name of the Village alone was mentioned in the Official Gazette Notification,
but the details, such as extent, survey number were missing, which means that
list of wakf properties have not been disclosed, in such case, any other third
party can claim right over such properties, and hence, bar under Section 22-A
would not come to the rescue of the Wakf Board, so as to claim right over the
property, in which case, the benefit of statutory protection provided under the
Wakf Act cannot be extended to the Wakf Board and the Wakf Board has to
establish their right over the property by approaching the Civil Court, and
agitate the issue in the manner known to law.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
21. So far as the property mentioned in Sl.No.15 is concerned, the
same belongs to the third respondent-Wakf Board and admittedly, the
petitioner's claim over the property bearing New S.No.1119/1A3 is in no way
connected to the property mentioned in Sl.No.15, bearing S.No.1119/2, and
therefore, the second respondent cannot be refrained from proceeding with
the registration of the sale deed presented by the petitioner and the bar under
Section 22-A of the Registration Act would not apply to the petitioner's case.
22. Thus, this Court, at the risk of repetition states that so far as the
properties mentioned in Sl.No.16 is concerned, though the third respondent-
Wakf Board claims right over the properties, since, no particulars such as
survey number and extent of the property were mentioned, and mere mention
of the name of the Village alone is not sufficient, as, list of Wakfs means list
of properties. Therefore, the properties details should have been mentioned,
particularly, survey number and extent of property. If it is not mentioned, the
same would not be construed by the Court as list of wakfs as mandated under
Section 5 (2) of the Wakf Act, 1954. In the present case, since no such
details were furnished in the list of wakfs, particularly, survey number and
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
extent of property, the remedy available to the Wakf Board is to approach the
Civil Court and seek protection in the form of a judgment and decree in their
favour and it is only after, they proving their right/title/interest over the
properties, they are entitled to seek for the benefit available under Section 22-
A of the Registration Act, i.e towards non-registration of such properties
before the Sub Registrar. In the interregnum, bar under Section 22-A of the
Registration Act would cease to operate, as far as the property in Sl.No.16 is
concerned.
23. As far as the property mentioned in Sl.No.8 is concerned, the
survey number is mentioned as ''1278''. Therefore, the protection available
under Section 22-A would apply to the Wakf Board. If any third party claims
right over such property, he/she has to approach the Civil Court to establish
their title. Till then, the registration of the said survey number is not
permitted. In the event, if the Wakf Board is approaching the Civil Court to
establish their rights/title over such property by way of filing a suit
pendency of such suit will not be a bar for registration of the property, unless
and otherwise, any specific interim order is obtained.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
24. Therefore, unless and otherwise, the Wakf Board clearly mentions
the details of properties in the Gazatte notification published in terms of
Section 5 (2) of the Wakf Act, such as extent, survey number and the Village
name, bar under Section 22-A of the Registration Act will not apply to them,
and the Sub-Registrar shall proceed with the registration, and the Wakf Board
has to approach the Civil Court to establish their right over the property and
obtain a judgment and decree in their favour.
25. Therefore, the contention of the learned Standing Counsel for the
third respondent-Wakf Board that the properties mentioned in Sl.Nos.8 and
16 also belongs to Wakf Board, as they are appurtenant to the petitioner's
property, and it is going to be treated as Wakf's properties is untenable and it
is upto the third respondent-Wakf Board to establish their right over the
property in the event it is found that such properties are connected to the
petitioner's property and seek for statutory protection.
26. Thus, as longs as the property belonging to the petitioner's bearing
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
New S.No.1119/1A3 has not been mentioned in the Gazatte Notification in
SL.Nos.8, 15 and 16, the third respondent-Wakf Board cannot claim
independent right/title/interest over the properties in Kaveripakkam Village,
and the onus is on the Tamil Nadu Wakf Board to make a suitable claim
before the Civil Court and establish their right over the subject properties.
27. In the light of the above findings, this Court is inclined to pass the
following orders:-
i) The impugned refusal check slip issued by the second respondent
dated 11.07.2025 is set aside.
ii) Consequently, the second respondent is directed to register the sale
deed as and when the same is re-presented for registration forthwith without
any further delay.
28. In the result, the Writ Petition is allowed on the aforesaid terms.
No costs.
17.11.2025
sd
Index : yes/no
Neutral Citation : yes/no
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
To
1. The District Registrar,
O/o. District Registrar,
Ranipettai District.
2. The Sub-Registrar,
O/o.The Sub-Registrar Office,
Kaveripakkam, Ranipettai District.
3. The Chief Executive Officer,
Tamil Nadu Wakf Board,
No.1, Jaffor Sirang Street,
Vallal Seethakathi Nagar,
Chennai – 600 001.
4. The Tahsildar,
O/o. Nemili Taluk Office,
Ranipettai District.
Krishnan Ramasamy,J.,
sd
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
17.11.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 20/11/2025 04:21:46 pm )
