Court dismissed an Article 226 writ petition seeking registration of a settlement deed on Wakf property, ruling that the amendment to Section 51(A) of the Wakf Board Act, declaring such transfers void ab initio, precludes the prayer.
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED 09.01.2017
CORAM:
THE HON'BLE MR.JUSTICE D.KRISHNAKUMAR, J
W.P.No.25618 of 2012
A.Ansar Khan
S/o.Ameer Khan .. Petitioner
Vs
1.The Sub Registrar,
Triplicane Mylapore SRO,
Pycrofts Road,
Triplicane,
Chennai-600 005.
2.The President,
Tamil Nadu Wakf Board,
Chennai-1.
3.The Secretary,
Soorshamakhan Wakf Endowment,
Krishnampet,
Triplicane,
Chennai-600 005. .. Respondents
Prayer .: Writ petition filed under Article 226 of the Constitution of India praying for issuance of a writ of Mandamus directing the first respondent to register and release the settlement deed, pending document No.9/2009 on the file of the first respondent and grant such other relief deem fit.
For Petitioner : Mr.G.Rajan
For Respondents : Mr.A.Raja Perumal, Addl.Government Pleader for R1 Mr.V.Raghavachari for R2 and R3 O R D E R
The writ petition has been filed for issuance of writ of Mandamus directing the first respondent to register and release the settlement deed, pending document No.9/2009 on the file of the first respondent and grant such other relief deem fit.
2.Learned counsel for the petitioner would submit that the land admeasuring 1200 sq.ft. situated in O.S.No.825/1 &b 8205/2
and R.S.No.825/16, Corporation Division No.92, bearing Old Door Nol.30, New Door No.6, Venkatasamy I Street, Dr.Natesan Road, Krishnampet, Chennai 600 005, absolutely belongs to the second respondent. The father of the petitioner has obtained leasehold right from the second respondent and put up a superstructure of the building with the consent of the second respondent. The father of the petitioner was regularly paying rent as prescribed by the second respondent. Adding further, since the land only belongs to the second respondent, the superstructure put up thereon belongs to the father of the petitioner. During the life time of the father of the petitioner, he has settled the above said property together with the leasehold interest of the land to the petitioner by virtue of the settlement deed executed in the year 2009 and the same was presented for registration and the same is pending vide document No.9/2009 on the file of the first respondent. He would further submit that the second respondent has already issued a No Objection Certificate and the settlement deed was executed in favour of the petitioner. To that effect, learned counsel for the petitioner has also produced a letter dated 24.05.2010 sent by the second respondent stating that there is no objection to execute the settlement only in respect of superstructure raised in the above said property, in favour of the petitioner. In spite of No Objection Certificate furnished along with settlement deed to the first respondent, he failed to register the document. Thereafter, the petitioner has sent a representation on 03.01.2012, the first respondent has not considered the petitioner's representation so far. Hence, the present writ petition.
"Section 51(1A) of the Wakf Board Act, 1995, - that 'Any sale, gift, exchange, mortgage or transfer of wakf property shall be void ab initio."
Sd/Assistant Registrar
//True Copy//
Sub Assistant Registrar
kal
To
1.The Sub Registrar,
Triplicane Mylapore SRO,
Pycrofts Road,
Triplicane,
Chennai-600 005.
2.The President,
Tamil Nadu Wakf Board,
Chennai-1.
3.The Secretary,
Soorshamakhan Wakf Endowment,
Krishnampet,
Triplicane,
Chennai-600 005.
+1cc to Mr.V. Raghavachari, Advocate, S.R.No.2132
+1cc to Mr.G. Rajan, Advocate, S.R.No.2365
+1cc to the Government Pleader, S.R.No.2610
rsy(CO)
md(06/02/2017)
W.P.No.25618 of 2012
1 issue framed by the court
Whether a writ petition for registration of a settlement deed on Wakf property can be entertained post-amendment to Section 51(A) of the Wakf Board Act.
2 provisions across 2 enactments
A.Ansar Khan
The Sub Registrar, Triplicane Mylapore SRO
The President, Tamil Nadu Wakf Board
The Secretary, Soorshamakhan Wakf Endowment
D.KRISHNAKUMAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
