Vs
Case brief
What is this about?
This appeal examined the validity of ratifying a sale of wakf property executed in 1978 without prior Board sanction. The Division Bench previously set aside the ratification order. The High Court held the 1984 amendment did not apply retrospectively, allowing ratification under the 1964 amendment which permitted subsequent sanction.
What did the court decide?
The order passed in W.P.No.2272 of 1988 quashing the ratification is set aside; parties to bear own costs.
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 21.09.2016
CORAM
THE HON'BLE MR.SANJAY KISHAN KAUL, CHIEF JUSTICE and THE HON'BLE MR. JUSTICE R.MAHADEVAN
W.A.No.1702 of 1997
United Chemicals,
through Partner S.Hussian Nijamudeen. ... Appellant/2nd
Respondent
Vs.
1. A.S.M.Mohamed Yousuf ... Respondent/Petitioner
2. Tamilnadu Wakf Board,
No.3, Santome High Road,
Madras-4.
3. Anam Shahul Hameed
4. Nagoor Meeral Beevi
5. Mohammed Beevi
6. Minor Nagoor Meeral Beevi,
rep. by mother Mohammed Beevi. ... Respondents/Respondents
Appeal filed under Clause 15 of Letters Patent against the order dated 03.12.1997 made in W.P.No.2272 of 1988 on the file of this Court.
W.P.No.2272 of 1988 : Petition under Article 226 of the Constitution of India to call for the records to the order of the 1st Respondent being item No.III of 1987 bearing of RC.6055/ 79/TNV dated 30.01.1988 and quash the same.
For Appellant : Mr.M.Md.Ibrahim Ali For Respondents : Mr.A.S.Kaizer for R2
Issues for consideration
3 issues framed by the court
Whether the Wakf Board had jurisdiction to ratify an alienation of wakf property executed in 1978 without prior sanction under the law applicable at that time.
Whether Section 36A of the Wakf Act, 1954 as amended in 1984 applied retrospectively to validate a post-facto ratification.
Whether subsequent sanction by the Wakf Board is remedy for an alienation without prior sanction under the law in force at the time of transfer.
Parties & counsel
- appellant
United Chemicals
- respondent
A.S.M. Mohamed Yousuf
- respondent
Tamilnadu Wakf Board
- respondent
Anam Shahul Hameed
- respondent
Nagoor Meeral Beevi
- respondent
Case details
As recorded by the court registry
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