ORDER : 1. This writ petition has been filed challenging the communication dated 09.06.2015 issued by the 1st respondent (Sub-Registrar, Theppakulam) directing the petitioner to produce No Objection Certificate from the Wakf Board for registration of the Sale Deed executed by the petitioner. The case of the petitioner, in brief, is as follows:- 1.1. The petitioner is the Society viz. Madurai Yagappanagar Muslim Jamaat Noorul Hudha Jumma Pallivasal Society, registered under the Societies Registration Act. The petitioner-Society was formed on 11.5.2007. The main object of the petitioner-Society is to look-after the welfare of the Muslim Community in and around Yagappa Nagar, Madurai. During the year 2009, the petitioner-Society had purchased a land comprised in UDR S. No. 98/3 measuring to an extent of 3723 sq. ft. situated at Vandiyoor II Bit Village, in Resurvey No. 246/3A, comprised in Patta No. 377, from one Sethuraman, S/o. Nagupillai and others on 15.07.2009 vide Document No. 2230 on the file of the Sub-Registrar, Theppakulam, Madurai for the purpose of using the said land as a grave yard. Originally the said area was an isolated area and no one was residing in the said area at the time of purchase of the said land. But, later on, since the said area was well developed, it has become a residential one; as such, the very purpose of purchase of the land as a grave yard could not be achieved. Hence, in order to avoid unnecessary controversies and also to promote communal harmony in the said area, the Petitioner-Society decided to dispose of the said property, by selling the same to third parties. Further, with the amount so derived by such sale of the said property, it has been decided by the petitioner-Society to invest the said amount for the extension of the existing Society/Pallivasal, by purchasing the very adjacent property. Hence, within a week, the property meant for the grave yard was disposed and simultaneously adjacent property to the Society/Pallivasal was also purchased vide Document No. 3006 of 2012 on 05.09.2012, registered on the file of Sub-Registrar, Thallakulam for valuable consideration. Thus, the grave yard property, which was standing in the name of Petitioner/Society/Pallivasal, by way of a resolution passed on 5.9.2012 in the Executive Committee Meeting of the Pallivasal, was sold to one Seeni Hussain Kani for valuable consideration. Thus, the grave yard property, which was standing in the name of Petitioner/Society/Pallivasal, by way of a resolution passed on 5.9.2012 in the Executive Committee Meeting of the Pallivasal, was sold to one Seeni Hussain Kani for valuable consideration. It is pertinent to mention that the said property is not at all the property of WAKF Board and the said property was purchased by the petitioner/Pallivasal from a person belonging to Hindu Religion namely Sethuraman S/o. Nagupillai. Further, the petitioner/Society/Pallivasal is an independent body and the same is individually registered as a Society under the Societies Registration Act 1908. In view of the above facts, the Wakf Board is in no way connected with the affairs of the petitioner/Society/Pallivasal. Further, the petitioner/Pallivasal is not at all registered with the Wakf Board; hence, there is no interference by the Wakf Board in the affairs of the petitioner/Pallivasal. 1.2. When that being the position, the Superintendent of the Wakf Board/3rd respondent herein, without any right whatsoever, interfered with the sale of the grave yard property and he filed his objections before the Sub-Registrar, Theppakulam on 26.2.2013, stating that the property in question is under enquiry by the Wakf Board and as such, the registration of the said property, more fully the sale of the said property by the petitioner/Pallivasal/Society, has to be kept in abeyance. It was also informed in the said communication/objection of the 3rd respondent that the petitioner/Palivasal/Society had to approach the Tamil Nadu Wakf Board at Chennai seeking for a No Objection for registration of the sale deed in respect of the grave yard property in favour of the said Seeni Hussain Kani. 1.3. Based on the said communication/objection of Superintendent of Wakf Board, the registration process of the said property has been kept in abeyance for the last two years, by the respondents. In fact, both the parties have signed the said document of sale and the same was also attested by the witnesses and submitted for registration. Further, the required registration fee in favour of the 1st respondent as per law has also been paid by the parties. Even the thumb impression procedure of the parties before the respondents 1 & 2 was also completed. But, till date the said document of sale has not been registered. In fact, the Wakf Board has no right whatsoever in the affair of the Pallivasal-Society. Even the thumb impression procedure of the parties before the respondents 1 & 2 was also completed. But, till date the said document of sale has not been registered. In fact, the Wakf Board has no right whatsoever in the affair of the Pallivasal-Society. While so, now the impugned communication dated 09.06.2015 has been issued by the 1st respondent, whereby the petitioner was directed to obtain No Objection Certificate from the Wakf Board, stating that only if the No Objection Certificate obtained from the Wakf Board is produced, the sale deed would be registered and released. Hence, the petitioner has come forward with the present writ petition. 2. The respondents 2 & 3 have filed a common counter affidavit, inter alia, stating that the property which the petitioner wants to alienate through the pending document (sale deed) on the file of the 1st respondent, belongs to the Noorul Hudha Jumma Pallivasal, which is nothing but a wakf coming under the purview of the Wakf Act as defined under Section 3(r) of the Wakf Act, 1995 amended by Act 27 of 2013. As per Section 3(r), wakf means the permanent dedication by a person professing Islam, of any movable or immovable property for any purpose recognized by the Muslim law as pious, religious or charitable and includes (i) a wakf by user but such wakf shall not cease to be a wakf by reason only of the user having ceased irrespective of the period of such cesser; (ii) grants, including mashrut-ul-khidmat for any purpose recognized by the Muslim law as pious, religious or charitable; and (iii) a wakf-alal-aulad to the extent to which the property is dedicated for any purpose recognized by Muslim law as pious, religious or charitable, and wakif means any person making such dedication; thus, a reading of Section 3(r) of the Wakf Act makes it clear that Wakf Act applies to all the Wakfs whether it is registered or not. The general superintendence of all Wakfs in the State shall vest in the Board established for the State irrespective of the question whether the wakf is registered or not registered. The petitioner cannot take shelter either under the guise of unregistered wakf or under Societies Registration Act terming it a mere Society. The general superintendence of all Wakfs in the State shall vest in the Board established for the State irrespective of the question whether the wakf is registered or not registered. The petitioner cannot take shelter either under the guise of unregistered wakf or under Societies Registration Act terming it a mere Society. It is further stated by the respondents 2 & 3 in the counter that in fact, in the document itself, which the petitioner wants to get registered, the petitioner had described it only as a wakf and not as a society and hence, the contention of the petitioner that the subject property is not a wakf property cannot be accepted. Earlier, the wakf property can be alienated under the unamended Section 51 of the Wakf Act. But, now, as per the amendment to Section 51 of the Wakf Act, no alienation can be made in respect of the Wakf property. Thus, the respondents sought for dismissal of the writ petition. 3. The learned counsel appearing for the petitioner submitted that the petitioner/Society/Pallivasal has been registered under the Societies Registration Act on the file of the Registrar of Societies, Madurai North, Madurai, vide Serial No. 41 of 2007, on 11.5.2007. The main object of the petitioner/Society is to lookafter the welfare of the Muslim community in and around Yagappa Nagar, Madurai. During the year 2009, the petitioner had purchased a land comprised in UDR S. No. 98/3 measuring an extent of 3723 sq. ft situated at Vandiyoor II Bit Village, in Resurvey No. 246/3A comprised in Patta No. 377, from one Sethuraman, S/o. Nagupillai, for the purpose of using the same as a grave yard. But, subsequently, since the said area had developed, the petitioner/Society has passed a resolution to dispose of the said property by selling the same and simultaneously decided to purchase the adjacent property for the petitioner/society. Accordingly, the adjacent property was purchased vide Doc. No. 3006 of 2012 on 5.9.2012 on the file of the Sub-Registrar, Thallakulam, for valuable consideration. The said document was also presented before the 1st respondent for registration. Accordingly, the adjacent property was purchased vide Doc. No. 3006 of 2012 on 5.9.2012 on the file of the Sub-Registrar, Thallakulam, for valuable consideration. The said document was also presented before the 1st respondent for registration. At that juncture, the Superintendent of the Wakf Board/3rd respondent herein, without any right whatsoever, interfered with the sale of the grave yard property and filed his objections before the 1st respondent on 26.2.2013, stating that the property in question is under enquiry by the Wakf Board and as such, the registration of the said property, has been kept in abeyance. Thereafter, the 1st respondent has sent the impugned communication asking the petitioner to produce the No Objection Certificate from the Wakf Board, for registration of the sale deed in respect of the grave yard property in favour of the said Seeni Hussain Kani. 4. It is assertive submission of the learned counsel for the petitioner that the subject property is not a wakf property, since the petitioner/society was registered only under the Societies Registration Act and not under the Wakf Act; that under such circumstances, the 3rd respondent has no authority to interfere with the sale of the subject property. 4. It is assertive submission of the learned counsel for the petitioner that the subject property is not a wakf property, since the petitioner/society was registered only under the Societies Registration Act and not under the Wakf Act; that under such circumstances, the 3rd respondent has no authority to interfere with the sale of the subject property. In this regard, the learned counsel appearing for the petitioner has also invited the attention of this Court to Section 40(3) of the Wakf Act, which reads as follows:- "40(3) Where the Board has any reason to believe that any property of any trust or society registered in pursuance of the Indian Trusts Act, 1882 (2 of 1882) or under the Societies Registration Act, 1860 (21 of 1860) or under any other Act, is Wakf property, the Board may notwithstanding anything contained in such Act, hold an inquiry in regard to such property and if after such inquiry the Board is satisfied that such property is Wakf property, call upon the trust or society, as the case may be, either to register such property under this Act as Wakf property or show cause why such property should not be so registered: Provided that in all such cases, notice of the action proposed to be taken under this sub-section shall be given to the authority by whom the trust or society had been registered." By relying upon the above said provision of the Wakf Act, the learned counsel for the petitioner submitted that if the Wakf Board has any reason to believe that the subject property is a wakf property, then the Wakf Board has to conduct an enquiry with regard to the subject property and after such enquiry, if the Wakf Board is satisfied that the subject property is a Wakf Property, then the Wakf Board can call upon the petitioner to register the subject property under the Wakf Act. But, in the instant case, no such enquiry was conducted by the Wakf Board, as required under Section 40(3) of the Wakf Act. Hence, the subject property of the petitioner is only a property of the Society; under such circumstances, the Wakf Board cannot sent any communication to the 1st respondent asking them not to register the document without the No Objection Certificate from the Wakf Board. Hence, the subject property of the petitioner is only a property of the Society; under such circumstances, the Wakf Board cannot sent any communication to the 1st respondent asking them not to register the document without the No Objection Certificate from the Wakf Board. Thus, the learned counsel for the petitioner submitted that by quashing the impugned communication, a direction may be given to the 1st respondent to register the sale deed. 5. Per contra, the learned counsel appearing for the Wakf Board (respondents 2 & 3) submitted that even if a wakf is not registered under the Wakf Act, the said wakf will come under the purview of the Wakf Act, since even unregistered wakf will fall within the purview of Wakf Act as defined under Section 3(r) of the Wakf Act. In this regard, the learned counsel appearing for the Wakf Board has also relied upon the judgment reported in Andhra Pradesh Wakf Board, Hyderabad vs. S. Syed Ali Mulla and Others, AIR 1985 AP 127 : LNIND 1984 AP 196 and submitted that in the said judgment, the Division Bench of the Andhra Pradesh High Court has held that Wakf Act applies to all the wakfs registered or unregistered and the wakfs in the State vest with the Wakf Board. 6. For the same proposition, the learned counsel appearing for the Wakf Board relied upon the judgment reported in Muneeral Islam Sangham vs. Kunhammu, AIR 2004 KER 311 and also the judgment delivered by the learned Single Judge of this Court reported in Haji B. Pakkir Mohamed vs. Secretary to Government and Others, 2001 WLR 787. 7. Further, the learned counsel appearing for the Wakf Board submitted that as per unamended Section 51 of the Wakf Act, a property can be alienated by a Wakf on obtaining No Objection Certificate from the Wakf Board. But, now, Section 51 has been amended and as per the amended section, no alienation can be made in respect of the Wakf property. 8. But, now, Section 51 has been amended and as per the amended section, no alienation can be made in respect of the Wakf property. 8. Further, by inviting the attention of this Court to Section 22A of the Registration Act, the learned counsel appearing for the Wakf Board submitted that as per Sub-Section 1 to Section 22A of the Registration Act, the State Government may, by notification in the Official Gazette, declare that the registration of any document or class of documents is opposed to public policy and that as per Sub-Section 2, the registering officer shall refuse to register any document to which a notification issued under sub-section (1) is applicable. Therefore, no infirmity could be found in the impugned communication issued by the 1st respondent directing the petitioner to get NOC from the Wakf Board for registration of the sale deed. Thus, the learned counsel appearing for the Wakf Board sought for dismissal of the writ petition. 9. Keeping the submissions made on either side, I have carefully gone through the entire materials available on record. 10. The present writ petition has been filed seeking to quash the impugned communication dated 09.06.2015 issued by the 1st respondent directing the petitioner to produce NOC from the Wakf Board for registering the sale deed presented by the petitioner. It is the contention of the learned counsel for the petitioner that the petitioner/ Society/Pallivasal was registered only under the Societies Registration Act and not under the Wakf Act. Further more, the Wakf Board has not conducted any enquiry with regard to the subject property as required under Section 40(3) of the Wakf Act and thereby to call upon the petitioner-Society to register the Society under the Wakf Act. Hence, in the absence of registration under the Wakf Act, the petitioner/Society/Pallivasal will not come within in the purview of the Wakf Act and unregistered Wakf shall not vest with the Wakf Board; therefore, there is no need to get NOC from the Wakf Board for registering the sale deed in respect of the subject property. 11. But, it is the reply of the learned counsel appearing for the Wakf Board that whether it is a registered wakf or unregistered wakf, automatically the provisions of the Wakf Act will apply to all the wakfs. 11. But, it is the reply of the learned counsel appearing for the Wakf Board that whether it is a registered wakf or unregistered wakf, automatically the provisions of the Wakf Act will apply to all the wakfs. In this regard, the learned counsel appearing for the Wakf Board has also invited the attention of this Court to Section 3(r) of the Wakf Act, which reads as follows:- "3(r) Wakf means the permanent dedication by a person professing Islam, of any movable or immovable property for any purpose recognized by the Muslim law as pious, religious or charitable and includes:- (i) A wakf by user but such wakf shall not cease to be a wakf by reason only of the user having ceased irrespective of the period of such cesser. (ii) Grants, including mashrut-ul-khidmat for any purpose recognized by the Muslim law as pious, religious or charitable. (iii) A wakf-alal-aulad to the extent to which the property is dedicated for any purpose recognized by Muslim law as pious, religious or charitable and wakif means any person making such dedication." 12. From a reading of Section 3(r), it could be seen that Wakf Act would apply to all the wakfs irrespective of the fact whether it is registered wakf under the Wakf Act or unregistered wakf, since all the wakfs in the State shall vest in the Board. In this regard, a reference could be placed in the judgment, relied upon by the learned counsel for the Wakf Board, reported in Andhra Pradesh Wakf Board, Hyderabad vs. S. Syed Ali Mulla and Others (supra), wherein the Hon'ble Division Bench of Andhra Pradesh has held as follows:- "14. The following cases arising from the A.P. Charitable and Hindu Religious Institutions and Endowments Act, 1966, prior to the Amendment made to S. 3-A of that Act in Sri Subramanya Bharathi Bhavana Kalasalav. Commr. Hindu Religious and Charitable Endowments A.P. Hyderabad W.A. No. 695 dated 26-9-1974, Nelamvari Annachatram Rajamandry v. Govt. of A.P. W.A. Nos. 86 and 542/74 dated 20-11-1974 and Nalam Ramalingaiah v. Commr. Hindu Religious and Charitable Endowments A.P. Hyderabad, W.P. No. 3156 of 1973 dated 15-4-1975 will not, therefore, have any application to cases arising under the Wakf Act, which in terms of S. 2 of the Act, applies to all Wakfs whether created before or after the commencement of the Act. 86 and 542/74 dated 20-11-1974 and Nalam Ramalingaiah v. Commr. Hindu Religious and Charitable Endowments A.P. Hyderabad, W.P. No. 3156 of 1973 dated 15-4-1975 will not, therefore, have any application to cases arising under the Wakf Act, which in terms of S. 2 of the Act, applies to all Wakfs whether created before or after the commencement of the Act. The limitation cannot be imported that the Act applies only to wakfs registered under the Act and not to wakfs not registered under Act. The general superintendence of all Wakfs in the State shall vest in the Board established for the State irrespective of the question whether the wakf is registered or not registered." In Muneeral Islam Sangham vs. Kunhammu (supra) it has been held by the Kerala High Court that mere failure to register wakf is accepted then it will give room for an unregistered wakf to mismanage their affairs and non registration could be set up as a shield to wriggle out of their misdeeds. 13. In the decision reported in Haji B. Pakkir Mohamed v. Secretary to Government and Other (supra), it has been held by this Court as follows:- "75. Coming to the operation of the Societies Registration Act and that of Wakf Act, it must be highlighted that the former confines itself to the Institutions referred to therein, while the latter, on the other hand, is an Act to provide for better administration and supervision of movable and immovable properties dedicated permanently to serve the religion and the needy. In other words, the Wakf Act a Special Legislation, it ousts the applicability of the general law particularly in the matters relating to administration, supervision, management and control over wakf properties. Therefore, the petitioner cannot take shelter under the provisions of the Societies Registration Act illegally gain control over the properties dedicated in perpetuity as Wakf in the name of the Almighty." A reading of the above said dictums would show that the question as to whether a wakf is registered or unregistered is totally immaterial to apply the provisions of the Wakf Act, since the provisions of the Wakf Act will apply to all the wakfs whether it is registered or unregistered. Hence, the petitioner cannot claim that since the petitioner/society/ pallivasal was registered only under the Societies Registration Act, the provisions of the Wakf Act will not apply to them. Hence, the petitioner cannot claim that since the petitioner/society/ pallivasal was registered only under the Societies Registration Act, the provisions of the Wakf Act will not apply to them. When that being the legal position, I do not find any valid ground to quash the impugned communication issued by the 1st respondent. Further, the subject document (sale deed) is pertaining to the year 2012 i.e. prior to the amendment of the Section 51 of Wakf Act. Under such circumstances, the petitioner can apply before the Wakf Board to get NOC for registration of the document. Hence, I am not inclined to quash the impugned communication of the 1st respondent. Hence, the writ petition is dismissed. Consequently, connected Miscellaneous Petition is closed. No costs. However, the petitioner is at liberty to apply for NOC before the Wakf Board and if such request is made, the Wakf Board (respondent 2 & 3) are directed to consider the same and dispose of the same on merits and in accordance with law.