The writ petition has been filed for issuance of writ of Mandamus directing the first respondent to register and release the settlement deed, pending document No.9/2009 on the file of the first respondent and grant such other relief deem fit.
2.Learned counsel for the petitioner would submit that the land admeasuring 1200 sq.ft. situated in O.S.No.825/1 &b 8205/2 and R.S.No.825/16, Corporation Division No.92, bearing Old Door Nol.30, New Door No.6, Venkatasamy I Street, Dr.Natesan Road, Krishnampet, Chennai 600 005, absolutely belongs to the second respondent. The father of the petitioner has obtained leasehold right from the second respondent and put up a superstructure of the building with the consent of the second respondent. The father of the petitioner was regularly paying rent as prescribed by the second respondent. Adding further, since the land only belongs to the second respondent, the superstructure put up thereon belongs to the father of the petitioner. During the life time of the father of the petitioner, he has settled the above said property together with the leasehold interest of the land to the petitioner by virtue of the settlement deed executed in the year 2009 and the same was presented for registration and the same is pending vide document No.9/2009 on the file of the first respondent. He would further submit that the second respondent has already issued a No Objection Certificate and the settlement deed was executed in favour of the petitioner. To that effect, learned counsel for the petitioner has also produced a letter dated 24.05.2010 sent by the second respondent stating that there is no objection to execute the settlement only in respect of superstructure raised in the above said property, in favour of the petitioner. In spite of No Objection Certificate furnished along with settlement deed to the first respondent, he failed to register the document. Thereafter, the petitioner has sent a representation on 03.01.2012, the first respondent has not considered the petitioner's representation so far. Hence, the present writ petition.
3. The learned counsel for the second respondent has filed a counter affidavit in which, he has stated that the aforesaid facts stated supra are prior to amendment made in
Section 51(A) of the Wakf Board Act. He further stated that the No Objection Certificate was also issued only prior to the said amendment and the same is only for the superstructure put up in the property. At this juncture, it is useful to refer the amendment provision of
Section 51(A) of the Wakf Board Act which reads as under:
"
Section 51(1A) of the Wakf Board Act, 1995, - that 'Any sale, gift, exchange, mortgage or transfer of wakf property shall be void ab initio."
D.KRISHNAKUMAR, J kal
4. In the light of the above amendment made in
Section 51(A) of the Wakf Act, the prayer sought for in the writ petition cannot be entertained. Accordingly, this writ petition is dismissed. No costs.