Aggrieved parties must seek relief through civil court if a registration is denied based on objections under Section 22-A of the Registration Act.

O R D E R

Heard Mr. K.Elango, Learned Counsel for the Petitioner, Mr. U.Baranidharan, Learned Additional Government Pleader, who takes notice for the First to Third Respondents and Mr. S.Haja Mohideen Gisti, Learned Counsel, who takes notice for the Fourth Respondent and perused the materials placed on record, apart from the pleadings of the parties.

2. The Petitioner claims to be the owner of the property in T.S.No. 4/1 and 4/2 situated at Thiruvadigai Village, Panruti Taluk which was purchased by him by Sale-Deed dated 21.05.2012 registered as Document No. 1559 of 2012 in the office of the Third Respondent, but in the revenue records it has been entered as if the said property belongs to the waqf. In that backdrop, he had made a representation dated 25.02.2020 to the Fourth Respondent seeking 'No Objection' certificate for registering a document executed by him in respect of that property and the Fourth Respondent refused the same, which is challenged in this Writ Petition.

3. At this juncture, reference must be made to the manner in which a claim made by religious institutions under Section 22-A of the Registration Act, 1908 (as amended in the State of Tamil Nadu), has to be dealt by the Registering Authority as held by the Division Bench of this Court in the decision in Sudha Ravi Kumar -vs- Special Commissioner and Commissioner, Hindu Religious and Charitable Endowments Department, Chennai [(2017) 3 CTC 135], which reads as follows:-

(i) The registering authority before whom the document has been presented shall cause service of notice on the parties to the deeds and also to the objector / religious institution, hold summary enquiry, hear the parties and then either register or refuse to register the document by passing an order having regard to the relevant facts as indicated above.

(ii) If the registering authority, refuses to register any document by accepting the objections raised under Section 22-A of the Registration Act, the aggrieved may file a statutory appeal under the Act.

(iii) If the objections raised under Section 22-A of the Act by the religious institution are rejected and the document is registered, the remedy for the religious institution is to either approach this Court by way of a writ petition seeking cancellation of the registration or for any other relief or to approach the civil Court for declaration of the title and for other consequential reliefs.

(iv) If the registering authority refuses to register the document acting on the objections raised by a religious institution under Section 22-A of the Registration Act, the parties to the deed will be at liberty to straightaway approach the Civil Court for declaration of title and other relief without availing the opportunity for filing a statutory appeal.

(v) We further direct that if the deed has already been registered without there being any objection by the religious institution under Section 22-A of the Act, the document shall be returned to the parties concerned leaving it open for the religious institution to approach either the High Court under Article 226 of the Constitution of India or the Civil Court for appropriate relief as indicated above. At any rate, the registering authority shall not withhold the deed which has already been registered.

If the said procedure has not been followed, it is for the aggrieved party to work out his remedy in that regard before the proper forum in the manner recognized by law, but it is not possible to entertain any Writ Petition seeking to direct the Fourth Respondent to grant 'No Objection' certificate as sought by the Petitioner in this case. It is needless to clarify that no view has been expressed on the merits of the controversy involved in the matter.

In the result, the Writ Petition is disposed. Consequently, the connected Miscellaneous Petition is closed. No costs.

08.03.2024 Index: Yes/No NCC: Yes/No Note: Issue order copy by 22.05.2024.

Maya To

1. The Inspector General of Registrarion No.100, Santhom