[Cites 2, Cited by 0]
Madras High Court
S.Devarajan vs Page 1 Of 9 on 22 January, 2026
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
2026:MHC:267
W.P.No.19088 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.01.2026
CORAM :
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Writ Petition No.19088 of 2025
and W.M.P.No.21398 of 2025
1.S.Devarajan
2.I.Ramakrishnan
3.Sr.Mary Melba
4.T.D.Balamurugan
5.T.D.Megalai
6.K.Kishore
7.Manickam
8.Kavitha
9.D.Santhram
10.B.Thukkaram
11.Kamesh
12.A.Sivalingam
13.Selvi
14.A.Eswaran
15.S.A.Mohanachandran
16.T.Malarkodi
17.K.Muthaian
18.P.Sankaralingam
19.A.Kumar
20.V.Ravichandran
21.R.Devi .. Petitioners
Vs.
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W.P.No.19088 of 2025
1.The Collector
Chengalpattu District, Chengalpattu.
2.The Inspector General of Registration
No.100, Santhome High Road, Chennai – 600 028.
3.The Deputy Inspector General
Registration Department, No.10, Kancheepuram High Road
Chengalpattu District – 603 002.
4.The District Revenue Officer
Madurantakam Division, Chengalpattu District.
5.The District Registrar
Registration Department
JC Complex, JCK Nagar, Varanoor, Chengalpattu – 603 002.
6.The Sub-Registrar
Achirupakkam, Madurantakam Taluk, Chengalpattu – 603 301.
7.The Chief Executive Officer
Tamil Nadu Waqf Board, No.1, Jaffer Sirang Street
Vallal Seethakkathi Nagar, Chennai – 600 001.
8.The Tahsildar
Madurantakam Taluk Office
Madurantakam, Chengalpattu District.
9.Muthavalli
Sunnath Val Jamad Mosque &
The Thaikka Achirupakkam Waqf, Chengalpattu District – 603 002.
10.Janab Sharbudeen .. Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India seeking
a Writ of Certiorarified Mandamus, calling for the entire records pertaining to
the issuance of the impugned order dated 30.04.2025 in
Na.Ka.2251/2025/Aa4/Chengai passed by the 7th respondent quash the same
consequently direct the concerned respondents to drop all the proceedings with
regard to the status and nature of the lands at Survey No.252 (all sub-division
Nos.), Achirupakkam Village, Madurantakam Taluk, Chengalpattu District in the
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W.P.No.19088 of 2025
light of the judgment passed in O.S.No.226/1968 and order passed by the
Revenue Divisional Officer dated 24.03.2023 in Na.Ka.No.5529/2022/c and
grant such other suitable orders.
For the Petitioners : Mr.Mr.C.Umashankar
For the Respondents : Mr.S.Senthil Murugan
Special Government Pleader for RR1, 4 & 8
Mr.Karthik Jaganathn
for RR2, 3, 5 & 6
Mr.Abdul Mubeen
Standing Counsel for R7
Mr.N.A.Nassir Hussain for R9
Mr.Asain Ansari for R10
ORDER
This Writ Petition is filed challenging the impugned order dated
30.04.2025 passed by the 7th respondent and quash the same and direct the
concerned respondents to drop all further proceedings with regard to the status
and nature of the lands at Survey No.252 (all sub-division Nos.), Achirupakkam
Village, Madurantakam Taluk, Chengalpattu District.
2. The grievance of the petitioners is that they are the owners of
Achirupakkam Village, Madurantakam Taluk, Chengalpattu District at Survey
No.252. It is their case that the property does not belong to any wakf in as much
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as a suit was filed on behalf of the Special Officer of Wakf, Madras in
O.S.No.226 of 1968 against their predecessors and the Civil Court framed ten
issues including the issue, whether the suit property is a wakf property or not and
whether the gazette notification regarding the suit property alone be final and
conclusive that the property is a wakf property.
3. After considering the matter on merits, the Civil Court had answered the
issue in favour of the defendants holding that the properties are not wakf
properties. This apart, the property was a minor inam and the Settlement
Tahsildar had also considered the issue and by an order dated 09.03.1972 issued
ryotwari patta in favour of the vendor of the petitioners. Under the said
circumstances, when the petitioners have duly purchased the lands in question
and were in possession and enjoyment of the same, suddenly once again based
on the very same proforma and the gazette notification, the property was claimed
as a wakf property and the sale deed was not entertained. In this regard, the
impugned communication was issued by the 7th respondent and therefore, the
petitioners are before this Court.
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4. The learned counsel appearing on behalf of the wakf would submit that
the wakf was not a party at all in the earlier proceedings. The learned counsel
would rely upon the Judgment of the Hon’ble Division Bench of this Court in
Sudha Ravi Kumar and another Vs. The Special Commissioner, HR & CE,
Chennai, (W.P.No.30589 of 2012 etc, Batch).
5. I have considered the rival submissions made on either side and perused
the material records of the case.
6. As rightly relied upon by the learned counsel for the petitioners in
Sudha Ravi Kumar’s case (cited supra) the Hon’ble Division Bench has held
that merely because the Wakf Board or the HR & CE Department issues a
communication, that by itself is not conclusive. A person claiming title to the
property can submit the document before the concerned Sub-Registrar and as
and when such a document is presented, it is for the Sub- Registrar to conduct an
enquiry by issuing notice both to the authorities as well as to the concerned
person, who presented the document and decide the issue, in accordance with
law. Depending on the situation, the aggrieved party shall approach the Civil
Court. Paragraph No.25 of the said Judgment is extracted hereunder for ready
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reference,
“25. In view of the above discussions, all the writ
petitions are allowed and the impugned orders are set aside with
the following directions:
(i) The registering authority before whom the document
has been presented shall cause service of notice on the parties to
the deeds and also to the objector/religious institution, hold
summary enquiry, hear the parties and then either register or
refuse to register the document by passing an order having
regard to the relevant facts as indicated above.
(ii) If the registering authority, refuses to register any
document by accepting the objections raised under Section 22-A
of the Registration Act, the aggrieved may file a statutory appeal
under the Act.
(iii) If the objections raised under Section 22-A of the
Act by the religious institution are rejected and the document is
registered, the remedy for the religious institution is to either
approach this Court by way of a writ petition seeking
cancellation of the registration or for any other relief or to
approach the civil Court for declaration of the title and for other
consequential reliefs.
(iv) If the registering authority refuses to register the
document acting on the objections raised by a religious
institution under Section 22-A of the Registration Act, the
parties to the deed will be at liberty to straightaway approach the
Civil Court for declaration of title and other relief without
availing the opportunity for filing a statutory appeal.
(v) We further direct that if the deed has already been
registered without there being any objection by the religious
institution under Section 22-A of the Act, the document shall be
returned to the parties concerned leaving it open for the religious
institution to approach either the High Court under Article 226
of the Constitution of India or the Civil Court for appropriate
relief as indicated above. At any rate, the registering authority
shall not withhold the deed which has already been registered.
(vi) Consequently the connected miscellaneous petitions
are closed. No costs.”
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7. In view thereof, mere communication dated 30.04.2025 need not be
considered on merits by this Court. This Writ Petition is disposed of with the
following directions,
(i) It will be open for the petitioners to present documents, with reference
to the property in question claiming ownership of the property;
(ii) As and when such document is presented, it is for the registering
authority as directed by the Hon’ble Division Bench of this Court in the case of
Sudha Ravi Kumar’s case (cited supra) in paragraph No.25 as extracted supra,
to conduct an enquiry and depending on the outcome of the enquiry, the
aggrieved party can approach the Civil Court;
(iii) all the issues are left open and it will be very much open for the
petitioners to contend based on the Civil Suit as well as the order of the
Settlement Tahsildar and it would be open for the respondents to contend
otherwise also;
(iv) This Court is not expressing any opinion on any of the contentions
raised with reference to the merits of the title;
(v) As and when such document is presented, the enquiry shall be
undertaken and completed as expeditiously as possible, in any event, not later
than eight weeks from the date of presentation of such document;
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(vi) No costs. Consequently, the connected miscellaneous petition is
closed.
22.01.2026
Neutral Citation : Yes
Jer
To
1.The Collector
Chengalpattu District, Chengalpattu.
2.The Inspector General of Registration
No.100, Santhome High Road, Chennai – 600 028.
3.The Deputy Inspector General
Registration Department, No.10, Kancheepuram High Road
Chengalpattu District – 603 002.
4.The District Revenue Officer
Madurantakam Division, Chengalpattu District.
5.The District Registrar
Registration Department
JC Complex, JCK Nagar, Varanoor, Chengalpattu – 603 002.
6.The Sub-Registrar
Achirupakkam, Madurantakam Taluk, Chengalpattu – 603 301.
7.The Chief Executive Officer
Tamil Nadu Waqf Board, No.1, Jaffer Sirang Street
Vallal Seethakkathi Nagar, Chennai – 600 001.
8.The Tahsildar
Madurantakam Taluk Office
Madurantakam, Chengalpattu District.
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D.BHARATHA CHAKRAVARTHY, J.
Jer
22.01.2026
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