Dismissed

S.Syed Noushath v. Tamil Nadu Wakf Board

Madras HC1 Feb 2021WP/19484/2017

Case brief

AI extract

What is this about?

The High Court dismissed a writ petition seeking a mandatory injunction against respondents interfering with Wakf land possession. The court held the dispute involves title and possession suitable for the Civil Court, closing the writ petition with the petitioner directed to approach the appropriate civil forum.

What did the court decide?

Petition dismissed with liberty to approach the Civil Court for declaration and injunction.

S.Syed Noushath Vs Tamil Nadu Wakf Board — Property and Title | Madras HC (2021)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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Dated: 01.02.2021

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CORAM

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THE HONOURABLE MR. JUSTICE S.S.SUNDAR

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W.P.No.19484 of 2017

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and W.M.P.No.21032 of 2017

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S.Syed Noushath
S/o.Syed Sahibjhan ...Petitioner
Vs.
1.Tamil Nadu Wakf Board,
Rep by The Chief Executive Officer,
No.1, Jaffer Syrang Street,
Vallal Seethakathi Nagar, Chennai.1
2.The District Collector,
Villupuram District.
3.The District Revenue Officer,
Villupuram District.
4.The Tahsildar,
Tahsildar Office,
kallakurichi,
Villupuram District. ...Respondents

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Prayer: Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, forbearing the respondents 2 to 4 from any manner interfering with the peaceful possession and enjoyment of the petitioner wakf in Survey No.12 Sithalur Village, Kallakurichi Taluk, Villupuram District admeasuring 17 acres and 88 cents.

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For Petitioner : Mr.N.A.Nissar Ahmed

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For Respondents: M/s.A.Madhumathi Special Government Pleader for R2 to R4

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Mr.V.Raghavachari for R1

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ORDER

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The writ petition has been filed for issuing a Writ of Mandamus, forbearing the respondents 2 to 4 from any manner interfering with the peaceful possession and enjoyment of the

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https://hcservices.ecourts.gov.in/hcservices/

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petitioner wakf in Survey No.12 Sithalur Village, Kallakurichi Taluk, Villupuram District.

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2.In the affidavit filed in support of the writ petition, it is stated that the petitioner is the Muthawalli of the Wakf which is the owner of 17 acres and 88 cents of land in Sithalur Village. The above writ petition is filed apprehending interference from the respondents 2 to 4 with the peaceful possession and enjoyment of the said property.

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3.The learned counsel for the respondents Wakf Board and the official respondents states that a school has been constructed by the Government in a portion of the property. It is further stated that there is a dispute with regard to tittle.

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4.This Court cannot to entertain the writ petition as a Civil Suit granting permanent injunction in favour of the petitioner. Having regarding to the nature of pleading and the fact that the dispute is relating to tittle and possession, it will be appropriate to get the dispute resolved by Civil Court. Therefore, the petitioner can approach the Civil Court and establish his right for getting a declaration and injunction in the manner known to law. The submission of the respondent that the property is not a property of the wakf board and a school has been constructed by the respondent is recorded. Subject to the right preserved to the petitioner to approach the Civil Court or Wakf Tribunal for getting proper relief, this writ petition is closed. No Costs. Consequently, the connected miscellaneous petition is closed.

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s/dAssistant Registrar True Copy

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Sub-Assistant Registrar

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tta

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1.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai.1

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2.The District Collector, Villupuram District.

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https://hcservices.ecourts.gov.in/hcservices/

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3.The District Revenue Officer, Villupuram District.

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4.The Tahsildar, Tahsildar Office, kallakurichi, Villupuram District.

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+1 CC to The Government Pleader sr 5187

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+1 CC to Mr.N.A.Nissar Ahmed, Advocate sr 5180.

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W.P.No.19484 of 2017
PA(CO)
SP(09/03/2021)

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https://hcservices.ecourts.gov.in/hcservices/

S.Syed Noushath v. Tamil Nadu Wakf Board

Case brief

What is this about?

What did the court decide?

S.Syed Noushath v. Tamil Nadu Wakf Board

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

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