The High Court disposed of a writ petition seeking a direction to the Wakf Board to sell specific property to the petitioners. The court held that under Section 51(1) of the Wakf Act, 1995, the Board lacks the power of alienation to sell to anyone, including the petitioners.
No order in the nature of relief granted; writ petition disposed of on merits.
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.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 12.08.2015
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
W.P.No.6607 of 2014
1.R.V.Perumal
2.T.Tamilarasi
3.S.Vaiyapuri
4.N.Natarajan ...Petitioners
/vs/
1.The District Collector,
Salem District,
Salem.
2.The Chief Executive Officer,
Tamil Nadu Wakf Board,
Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai 600 001. ...Respondents
Writ Petition filed under Article 226 of the Constitution of
India praying for issuance a Writ of Mandamus directing the
respondents to consider the representation of the petitioners dated
22.07.2013 in accordance with law.
For Petitioners : Mr.Rajinikanth
For Respondents : M/s P.Rajalakshmi
Government Advocate for R1
Mr.V.Lakshminarayanan for R2
ORDER
Seeking a direction to the respondents to consider the
representation dated 22.07.2013, the petitioners have come forward to
file the present writ petition.
2.It is the case of the petitioners that they are in possession and enjoyment of the suit property bearing S.No.321/1, measuring about 10.58 acres, situated at Avani Perur, Keelmugam Village, Edapadi Taluk, Salem District, for more than 60 years. Therefore, the petitioners have made a representation to the Wakf Board seeking to sell the property to the petitioners and not to anyone else.
3.When the matter is taken up for hearing, the learned counsel appearing for the second respondent/Wakf Board submitted that as per the Section 51(1) of the Wakf Act, 1995, the Wakf Board does not have the power of alienation.
4.In view of the same, the writ petition stands disposed of by recording the fact that the Wakf Board cannot make any sale to any other third party including the petitioners. No costs.
Sd/Assistant Registrar(CS-II) //True Copy// Sub Assistant Registrar ari To 1.The District Collector, Salem District, Salem.
2.The Chief Executive Officer, Tamil Nadu Wakf Board, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001.
1 CC to Mr.V. Raghavachari, Advocate SR.No. 42284
W.P.No.6607 of 2014 NM (CO) PSI (26.08.2015)
1 provisions across 1 enactments
R.V.Perumal and others
The District Collector, Salem District
The Chief Executive Officer, Tamil Nadu Wakf Board
M.M.Sundresh
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
