Madras High Court
WP(MD)/30106/2026 of Esakkimuthu Vs The Sub-Registrar on 16 October 2026
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 16-10-2026
CORAM
THE HON'BLE MR.JUSTICE K.KUMARESH BABU
W.P.(MD)No.30106 of 2026
CNR:{HCMD011494912026}
1. Esakkimuthu
2. Kannan
..Petitioners
Vs
1. The Sub-Registrar,
Thirukkurankudi,
Tirunelveli.
2. The Chief Executive Officer,
Tamil Nadu Wakf Board,
No.l, Jaffar Syrang Street,
Vallal Seethakathi Nagar,
Chennai.
..Respondent(s)
PRAYER: Writ Petition, filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Certiorarified Mandamus calling for records relating to the impugned refusal check slip vide No.RFL/ Thirukkurankudi/28/2026 dated 10.09.2026 and quash the same and consequently direct the 1st respondent to register and release the document presented by the petitioners within the time fixed by this Court.
For Petitioner
:Mr.M.Subbiah
For Respondents
:Mr.I.Pinaygash
Special Government Pleader
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ORDER
The present Writ Petition has been filed in the nature of a Writ of Certiorarified Mandamus challenging the impugned refusal check slip issued by the first respondent.
2. Heard Mr.Mr.M.Subbiah, learned Counsel for the petitioner and Mr.I.Pinaygash, learned Special Government Pleader, who accepts notice on behalf of the respondents. By consent of both parties, the Writ Petition is taken up for final disposal at the admission stage.
3. By the impugned refusal check slip, dated 10.09.2026, the first respondent herein had refused to register the document in relation to the subject property indicating that the subject property belongs to the Wakf Board.
4. It is pertinent to note that in such circumstances, the Hon’ble Division Bench of this Court in Sudha Ravi Kumar and another -vs.- The Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department, Chennai and others, reported in 2017-2-L.W. 637, had held that it is mandatory on the part of the registering authority to conduct an enquiry, when such claims are made by the Wakf Board on a document being presented for registration.
5. In that regard, as and when a document is presented for registration in relation to the objections raised by the Wakf Board, the first respondent shall conduct an enquiry and thereafter, proceed to register the document.
6. With the aforesaid directions, the present Writ Petition is disposed of. There shall be no order as to costs. 16-10-2026 Index: Yes/No (1/2) Speaking/Non-speaking order Neutral Citation: Yes/No cmr To
1. The Sub-Registrar, Thirukkurankudi TirunelveliTirunelveli
2. The Chief Executive Officer Tamil Nadu Wakf Board No.l, Jaffar Syrang Street Vallal Seethakathi Nagar Chennai
K.KUMARESH BABU, J. cmr WP(MD) No. 30106 of 2026 16-10-2026 (1/2)