Petitioners' ownership rights were upheld leading to the approval of document registration without requiring No Objection Certificate for Wakf properties.

Order

The challenge in this Writ Petition is to the proceedings of the third respondent dated 22.01.2024 and consequently, to direct the second and third respondents to entertain and register all documents of conveyance, transfer, lease, mortgage, memorandum of deposit of title deeds, etc., presented by the petitioners for registration, without insisting on No Objection Certificate from the fourth respondent in respect of lands in Annur Taluk, Coimbatore District.

2. Learned counsel appearing for the petitioners would submit that the petitioners are the absolute owners of the subject land for more than five decades; that the subject lands were subjected to several transaction by the pre-decessors-in-title, which are traceable from the year 1886, and so far as the petitioners are concerned, they inherited the same in the year 1969 and patta was also obtained in their names; that in the year 2023, when the petitioners presented a Memorandum of Deposit of Title Deeds dated 09.02.2023 in respect of portion of the above said lands and other lands for registration with the third respondent, the third respondent by virtue of impugned refusal slip dated 22.01.2024 refused to register the documents by citing the reasons that the properties are of Wakf Properties and hence, NOC has to be obtained from the fourth respondent-Wakf Board. Challenging such refusal, the present Writ Petition is filed.

3. When the matter is taken up for hearing today, learned Standing Counsel for the fourth respondent has brought to the attention of this Court a letter issued by the fourth respondent-Wakf Board dated 21.08.2025 addressed to the first respondent, Inspector General of Registration, stating that, the subject property, in respect of which, registration is sought for by the petitioners does not fall under the category of Wakf Property and therefore, NOC is issued. Therefore, the learned Standing Counsel submitted that appropriate orders may be passed.

4. Thus, this Court considering the subsequent development took place in the matter during the pendency of this Writ Petition, is of the view that, in the light of the NOC issued by the fourth respondent in respect of the petitioners' properties, there wouldn't be any impediment on the part of the third respondent to register the documents presented by the petitioners for registration purpose.

5. Accordingly, this Court is inclined to pass the following order:-

i) The impugned Refusal Slip issued by the third respondent is set aside.

ii) Consequently, the third respondent is directed to register all the documents of conveyance, transfer, lease, mortgage, memorandum of deposit of title deeds, etc., presented by the petitioners forthwith without any further delay.

6. In fine, the Writ Petition is allowed on the aforesaid terms. No costs. Consequently, connected Miscellaneous Petitions are ordered.