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2010 Supreme(Mad) 1018

FAKKIR MOHAMED IBRAHIM KALIFULLA, K.B.K.VASUKI
Tamil Nadu Wakf Board, rep. by its Chief Executive Officer, Chennai – Appellant
Versus
K. V. Jeyaraj & Others – Respondent


Advocates Appeared:
For the Petitioner:K.K. Senthi, Advocate.
For the Respondents:R1 Y. Lajapathi Roy, Advocate, R2 to R4 - Special Government Pleader.

Judgment :-

F.M. IBRAHIM KALIFULLA, J.

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 which 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 Si














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