IN THE HIGH COURT OF JUDICATURE AT MADRAS Dated : 13.11.2025 CORAM THE HON'BLE Mr. JUSTICE KRISHNAN RAMASAMY Axis Bank Ltd., Rep. By its Authorised Signatory, Door No:31, Old No: 14, South Mada Street, Mylapore, Chennai – 600 004. ... Petitioner Vs.

1.The Inspector General of Registration, Department of Registration, 100, Santhome High Road, Mullima Nagar, Mandavelipakkam, Rajaannamalai Puram, Chennai – 600 028.

2.The Sub Registrar, Office of Sub Registrar Padappai, Padappai, Chennai – 601 301.

3.Tamil Nadu Waqf Board, Rep. By its Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai – 600 001. ... Respondents Prayer:

Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus calling for the impugned order Refusal Check Slip dated 09.05.2025 having refusal number RFL/Padappai/12/2025 passed by the second respondent without following due process of law and consequently direct the second respondent to register the Sale Certificate presented by the petitioner with regard to Plot No.26A in Captain Sasikumar Nagar in R.S.No.349 Patta No: 202, New Survey No: 349/58, Mudichoor Village, Tambaram Taluk, Chengalpattu District within the Registration District of South Chennai and Sub Registration District of Padappai without insisting for No Objection Certificate from the third respondent.

For Petitioner : Mrs.M.R.Uma Vijayan For Respondents 1 & 2 : Mr.P.Harish, Government Advocate For Respondent 3 : Mr.Haja Mohideen Gisti

ORDER

The relief sought for in this writ petition is to for the impugned order Refusal Check Slip dated 09.05.2025 having refusal number RFL/Padappai/12/2025 passed by the second respondent without following due process of law and consequently direct the second respondent to register the Sale Certificate presented by the petitioner with regard to Plot No.26A in Captain Sasikumar Nagar in R.S.No.349 Patta No: 202, New Survey No: 349/58, Mudichoor Village, Tambaram Taluk, Chengalpattu District within the Registration District of South Chennai and Sub Registration District of Padappai without insisting for No Objection Certificate from the third respondent.

2. The case of the petitioner is that the petitioner/bank has presented the sale certificate before the second respondent on 09.05.2025 for the purpose of registration. However, the same was rejected, by issuing a refusal check slip dated 09.05.2025, citing the reason that the subject property belongs to Wakf Board. Challenging the same, the petitioner has come forward with the present writ petition.

3. Learned counsel for the petitioner would submit that in the event, the Wakf Board is claiming the right over the subject property, the respondents ought to have conducted an enquiry and thereafter, they would have passed the detailed order by following the law laid by this Court in the case of Sudha Ravi Kumar and another Vs. The Special Commissioner and Commissioner, Hindu Religious and Charitable endowments Department, Chennai -34 and others, reported in (2017) 3 CTC 135.

4. She would further submit that the petitioner made a request under the Right to Information Act, before the third respondent to furnish the title and ownership details of the subject property. However, in the reply, no documentary evidence was available and further, no Gazette Publication was issued in terms of Section 5 of the Wakf Act, 1954. In the event of producing the Gazette Publication, the burden would have shifted on the petitioner. Moreover, in the absence of documentary evidence to prove the ownership details of the subject property, the respondents suppose to have registered the sale certificate and there is no locus-standi to refuse the same. Hence, she request this Court to set aside the impugned refusal check slip and pass appropriate order.

5. Learned Government Advocate appearing for the respondents 1 & 2 would fairly submit that in the present case, without conducting an enquiry, the second respondent passed the re