The Madras High Court dismissed a petition seeking leave to appeal an order concerning land acquisition and compensation under the Tamil Nadu Highways Act, observing that a remonstrance procedure was available instead.
Leave to file writ appeal dismissed; Civil Miscellaneous Petition and Writ Appeal rejected.
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.
C.M.P.(MD) No.10053 of 2024 in W.A.(MD) SR No.47221 of 2024 and W.A.(MD) SR No.47221 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 05.08.2024
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN and THE HONOURABLE MRS.JUSTICE L.VICTORIA GOWRI
C.M.P.(MD) No.10053 of 2024 in
W.A.(MD) SR No.47221 of 2024 and
W.A.(MD) SR No.47221 of 2024
The Tamil Nadu Waqf Board, Rep. by its Chairman, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 009.
... Petitioner in the C.M.P. and Appellant in the W.A.SR.
-vs-
1.Hazarath Syed Musthafa Darood, Masthan Dargah Mosque, Rep by its Secretary, 12, Trunk Road, Thiruvanaikovil, Trichy - 620 005.
Page 1 of 5
in W.A.(MD) SR No.47221 of 2024 and W.A.(MD) SR No.47221 of 2024
C.M.P.(MD) No.10053 of 2024
4.The District Revenue Officer cum Competent Authority, Tiruchirappalli, Tiruchirappalli District. ... Respondents in the C.M.P. and Respondents in the W.A.SR.
PRAYER (in C.M.P.(MD) No.10053 of 2024): Civil miscellaneous petition filed
under Section 151 of the Code of Civil Procedure to grant leave to the petitioner to file writ appeal against the order passed by this Court in W.P. (MD) No.14826 of 2020, dated 14.12.2023.
PRAYER (in W.A.(MD) SR No.47221 of 2024): Writ Appeal filed under Clause
15 of Letters Patent to set aside the order, dated 14.12.2023, passed in W.P. (MD) No.14826 of 2020, on the file of this Court.
For Petitioner in the C.M.P. & Appellant in W.A.SR. : Mr.S.A.Ajmalkhan Standing Counsel
For Respondents in the C.M.P. & Respondents in the W.A.SR. : Mr.S.R.A.Ramachandran
Additional Government Pleader
_____________ Page 2 of 5_
C.M.P.(MD) No.10053 of 2024 in W.A.(MD) SR No.47221 of 2024 and W.A.(MD) SR No.47221 of 2024
O R D E R
[Order of the Court was made by R.SUBRAMANIAN, J.]
The Waqf Board seeks leave of this Court to challenge the order, dated 14.12.2023, passed in W.P.(MD) No.14826 of 2020.
2. Though the notification issued under Section 15 of the Tamil Nadu Highways Act, 2001 [hereinafter referred to as ''the Act''] was under challenge, the Writ Court, had, while dismissing the Writ Petition, observed that the compensation to be paid to the writ petitioner / first respondent herein. The claim of the Waqf Board is that the property belongs to it.
3 . Section 21 of the Act provides for a remedy to the Waqf Board to seek determination of its rights, and a reference to the Civil Court has been provided in Section 21(2) of the Act. Hence, we do not see any necessity to permit the Waqf Board to file this appeal. However, it is made clear that the District Collector, Trichy District, the third respondent herein while disbursing the amount will go strictly in accordance with Section 21 of the Act and if the District Collector entertains a doubt about the entitlement, the District Collector will make a reference under sub-section (2) of Section 21 of the Act.
_____________ Page 3 of 5_
C.M.P.(MD) No.10053 of 2024 in W.A.(MD) SR No.47221 of 2024 and W.A.(MD) SR No.47221 of 2024
4 . With the above observation, this Civil Miscellaneous Petition is
dismissed. Consequently, W.A.(MD) SR No.47221 of 2024 is rejected.
[R.S.M., J.] [L.V.G., J.] 05.08.2024
NCC : Yes / No Index : Yes / No Internet : Yes / No
smn2
To:
_____________ Page 4 of 5_
C.M.P.(MD) No.10053 of 2024 in W.A.(MD) SR No.47221 of 2024 and W.A.(MD) SR No.47221 of 2024
R.SUBRAMANIAN, J. and L.VICTORIA GOWRI, J.
smn2
C.M.P.(MD) No.10053 of 2024 in W.A.(MD) SR No.47221 of 2024 and W.A.(MD) SR No.47221 of 2024
05.08.2024
_____________ Page 5 of 5_
1 issue framed by the court
Whether leave should be granted to the Waqf Board to file a writ appeal challenging the dismissal of W.P. No.14826 of 2020.
3 provisions across 3 enactments
Tamil Nadu Waqf Board
Hazarath Syed Musthafa Darood
State of Tamil Nadu
District Collector, Trichy District
District Revenue Officer
R.SUBRAMANIAN
L.VICTORIA GOWRI
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
