AZEEMUNISSA BEGUM Vs. SUB

JUDGEMENT

(1.) The prayer made in this writ petition is to direct the respondent to number and return the settlement deed dated 12.07.2010 kept as pending document bearing No. P201000078-Book 1 dated 12.07.2010 at the office of the Sub-Registrar, Purasawakkam, with respect to the property bearing Old Door No. 4, Then No. 24, New No. 23/10, Alexander Road, Dargah Cross Street, Dadhashamakkan, Chennai-12, comprised in O.S. No. 2653, Old R.S. No. 2811/5, New R.S. No. 2811/30, C.C. No. 1270 of Purasawakkam Revenue Village, covering a total extent of 215 sq.ft (20 sq. mtr).

(2.) According to the petitioner, she had settled the property in question being the superstructure only in favour of her daughter viz., Nusarath Jahan and the land was not conveyed, which belongs to Dadashamakkan Dargah. When the settlement deed was presented for registration, the respondent, instead of numbering the same, kept the same as pending for want of clarification from the Inspector General of Registration, as the land belongs to Dadashamakkan Dargah Trust. Further, the respondent directed the petitioner to obtain No Objection Certificate from the Wakf Board, in view of the order passed in G.O.Ms. No. 150 Commercial Taxes Department, dated 22.09.2000, which states that the documents, which are opposed to public policy cannot be registered, unless NOC is obtained from the competent authority. Hence, this writ petition.

(3.) When the matter was taken up for consideration, the learned counsel for the petitioner submitted that the issue involved herein is covered by the earlier order of this Court dated 24.08.2012 passed in WP. No. 22152 of 2012 in R.S.Sathish v. the Inspector General of Registration, Santhome, Chennai and others, wherein, this Court disposed of the said writ petition directing the respondents 2 and 3 therein to register the document within a period of two weeks. For better appreciation, the relevant portion of the said order is extracted hereunder: