The petitioner filed a writ petition seeking mandamus to hand over Wakf property possession. The court held that such disputes belong to the Wakf Tribunal or Civil Court. Writ was dismissed.
Direction to hand over possession was not granted.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 13.10.2011 CORAM:
THE HONOURABLE MR.JUSTICE V.RAMASUBRAMANIAN W.P.(MD).No.11748 of 2011
S.Sumshu Neesha Begum ... Petitioner
-Vs-
PRAYER: Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Mandamus directing the respondents 1 to 3 to take immediate steps to hand over the possession of the property situated in Door No. 6-2-11, Nallu Middle Street, Ward No.6, Town Survey No.25, Arupukottai Town, Virudhunagar District to the Writ Petitioner within the stipulated period.
For Petitioner : Mr.G.Marimuthu
ORDER
The petitioner has come up with the above Writ Petition seeking a direction to the respondents 1 to 3 to take immediate steps to hand over possession of a property at Door No. 6-2-11, Nallu Middle Street, Ward No.6, Town Survey No.25, Arupukottai Town, Virudhunagar District.
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terms of the Provisions of the Wakf Act 1995 or the Civil Court for the relief of possession.
Sd/-
Assistant Registrar(AS)
/TRUE COPY/
Sub Assistant Registrar
| To | ||
|---|---|---|
| 1. | The Chief Executive Officer Tamil Nadu Wakf Board 9th Cross Street Indira Nagar,Chennai. |
|
| 2. | The Wakf Inspector Ramanathapuram Ramanathapuram District |
|
| 3. | The Executive Officer Nallur Mohaidheen Andavar Jum-Ah Pallivasal Pothu-Sathapanam 177, Madurai Road, Arupukottai Virudhunagar District |
|
| +1cc | to Mr.G.Marimuthu, Advocate SR.No.35608 | W.P.(MD).No.11748 of 2011 13.10.2011 |
| vsg PA/3 |
1.10.2011/2P/5C |
2 issues framed by the court
Whether the High Court can issue a writ of mandamus directing the Wakf Board to hand over possession of disputed property.
Whether disputes regarding Wakf properties fall within the jurisdiction of the civil court or the Wakf Tribunal.
2 provisions across 2 enactments
S.Sumshu Neesha Begum
The Chief Executive Officer Tamil Nadu Wakf Board
The Wakf Inspector Ramanathapuram
The Executive Officer Nallur Mohaidheen Andavar Jum-Ah Pallivasal Pothu-Sathapanam
V.Ramasubramanian
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
