INSPECTOR GENERAL OF REGISTRATION Vs. K.V. JEYARAJ

JUDGEMENT

(1.) One K.V.Jeyaraj approached this Court under Article 226 of the Constitution of India seeking writ of mandamus directing the Inspector General of Registration and his subordinates, more particularly, the Sub Registrar, Chinnamanur, Theni District, to release the document No. P200900045, dtd. 24/7/2009, which was captioned as "Gift Deed" executed by him and his wife Maragatham in favour of their son Prabhakaran. The said document was registered, but the original document was not returned, presumably due to the objection raised by the Wakf Board claiming title over the subject property.

(2.) The learned Single Judge of this Court, vide order dtd. 7/1/2010, has held that when a document is presented for registration, it is the duty of the Registering Authority to register the same and there is no power to withhold the document. However, this proposition of law has undergone a sea change due to the amendment brought in the Registration Act to one Sec. 22-A and also in view of Sec. 51 of the Waqf Act, 1995, which was substituted with effect from 1/11/2013.

(3.) When aggrieved by the aforesaid order the Inspector General of Registration preferred appeal in W.A.(MD) No. 162 of 2010, the Tamil Nadu Wakf Board obtained leave of this Court and preferred W.A.(MD) No. 176 of 2010. The sum and substance of the grounds of the said writ appeal is that the respondent Jeyaraj has no right or title over the property, which was transferred under the Gift Deed dtd. 24/7/2009. The subject property belongs to the Wakf Board and the proforma issued by the Wakf Board would clearly show that the property covered under Registration No.238, Survey Nos. 54/5 and 54/6 at Ponmeni Village falling within the jurisdiction of the Sub Registrar, Chinnamanur, is a declared wakf property and the wakf property cannot be alienated without the consent of the Wakf Board. While so, by misrepresenting that the dispute over the title in the property had already been settled in O.S.No.919 of 1997, on the file of the District Munsif Court, Madurai and in W.O.P.No.6 of 2002, on the file of the Principal Sub Court, Madurai, the respondent / writ petitioner attempted to register the Gift Deed. When the Wakf Board made an objection regarding alienation of the subject property, the Registration Department has rightly withheld the document.