TAMIL NADU WAKF BOARD Vs. K V JEYARAJ

JUDGEMENT

(1.) Admit Mr. T. Lajapathi Roy, learned Counsel, takes notice for Respondent No. 1 and the learned Special Government Pleader takes notice for Respondents 2 to 4.

(2.) This Writ Appeal has been preferred by the Tamil Nadu Wakf Board seeking to challenged the order of the learned Single Judge, dated 7.1.2010, passed in W.P.(MD) No. 12278 of 2009. In the order passed in the Writ Petition, which was preferred by the 1st Respondent herein, the learned Single Judge took the view that the Appellant therein has no right to object to the registration of a document presented before the 4th Respondent, that as and when a document is presented for registration, it is the duty of the 4th Respondent to register the same and he has no power to withhold that document, except issues regarding violations of payment of stamp duty in whch case the document will have to be referred to the Collector for determination of proper stamp duty payable thereon and that the objection of the Wakf Board cannot be decided by the 4th Respondent since they have to work out their remedy by challenging the document if they have any valid objections.

(3.) This order of the learned Single Judge raises an interesting question of law inasmuch under provisions of the Registration Act there is no specific provision providing for any objection being raised at the instance of third parties to the documents as regards the registration of the document. Though there is an amendment to the Registration Act by way of Section 22-A by the State of Tamil Nadu under Act 2 of 2009, which inter alia empowers the Registering Officer to refuses registration in respect of certain types of transfer of immovable properties by way of sale, gift, mortgage, exchange or lease belonging to the State Government, local authority, etc., including the properties belonging to Wakfs which are under the superintendence of the Tamil Nadu Wakfs Board established under the Wakfs Act, 1995, it is state that the said amendment has not yet been notified for implementation.