Madras High Court
B.Mallapuram Muslim Sunnanth Jamath vs The Government Of Tamil Nadu on 2 January, 2024
Author: D.Bharatha Chakravarthy
Bench: Sanjay V.Gangapurwala, D.Bharatha Chakravarthy
W.A.No.3570 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 02.01.2024
CORAM
THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.A.No.3570 of 2023
B.Mallapuram Muslim Sunnanth Jamath
Rep. by its Muthavalli
Masjid Street, Bommudi Post
B.Mallapuram, Papireddipatti Taluk
Dharmapuri District. .. Appellant
Vs.
1. The Government of Tamil Nadu
Rep. by its Secretary to Government
Revenue Department, Fort St. George
Secretariat, Chennai – 600 009.
2. The Commissioner of Land Administration
Ezhilagam, Chepauk
Chennai – 600 005.
3. The District Collector
Dharmapuri District.
4. The District Revenue Officer
Dharmapuri District.
Page 1 of 7
https://www.mhc.tn.gov.in/judis
W.A.No.3570 of 2023
5. The Revenue Divisional Officer
Harur Dharmapuri District.
6. The Tahsildar
Papireddipatti Taluk
Dharmapuri District.
7. The Tamil Nadu Waqf Board
Rep. by its Chief Executive Officer
(CEO) No.1, Jaffar Syrang Street
Vallal Seethakathi Nagar
[Custom House Backside]
Chennai – 600 001.
8. Pattammal
9. G.Madhesh @ Madheshwaran
10. Raja
11. Poongodi
12. Santhi
[R8 to R12 impleaded vide orde dated
02.09.2009 in M.P.No.3 of 2009] .. Respondents
Prayer: Appeal filed under Clause 15 of the Letters Patent against the
order dated 20.09.2023 in W.P.No.6650 of 2009.
For the Appellant : Mr.Mohamed Ismail
For the Respondents : Mr.P.Muthukumar
State Government Pleader
for R1 to R6
Mr.S.Haja Mohiden Gisthi
for R7
Page 2 of 7
https://www.mhc.tn.gov.in/judis
W.A.No.3570 of 2023
JUDGMENT
(Delivered by the Hon'ble Chief Justice)
Heard Mr.Mohamed Ismail, learned counsel for the appellant,
Mr.P.Muthukumar, learned State Government Pleader for
respondents 1 to 6 and Mr.S.Haja Mohiden Gisthi, learned counsel
for respondent 7.
2. The appellant has filed a writ petition seeking declaration
that the appellant is lawfully entitled to possess and enjoy the land
in Old S.No.41/1, New S.No.42/6 in B.Mallapuram Village,
Pappireddipatti Taluk, Dharmapuri District to an extent of 18 cents
as per the G.O.Ms.No.1779, Revenue Department dated 06.08.1975.
3. It is submitted by learned counsel for the appellant that the
land in question is classified as a grama natham and the appellant is
occupying the same.
https://www.mhc.tn.gov.in/judis
4. It has been observed by the learned Single Judge that the
appellant has filed a suit before the Wakf Tribunal bearing
W.O.S.No.20 of 2004, claiming title over the subject property. The
said suit was dismissed by the Tribunal on 19.12.2008.
5. In view of the judgment of the Tribunal in the suit, the
appellant now cannot claim title over the subject property.
6. Learned counsel for the appellant submits that the appellant
would challenge the order of the Wakf Tribunal by filing a revision
under Section 83(9) of the Wakf Act, 1995. Learned counsel further
submits that he had filed the writ petition in the year 2009 itself and
the appellant would be entitled the benefit of Section 14 of the
Limitation Act, 1963.
7. It would not be possible to entertain the present appeal in
view of the finding of the Wakf Tribunal in the suit filed by the
appellant. In the light of that, the writ appeal stands dismissed. In
https://www.mhc.tn.gov.in/judis
case the appellant prefers a revision, it is for the revisional court to
consider the merits of the matter and to consider if the benefit of
Section 14 of the Limitation Act would be available to the appellant.
There shall be no order as to costs.
(S.V.G., CJ.) (D.B.C., J.)
02.01.2024
Index : Yes/No
Neutral Citation : Yes/No
drm
To
1. The Secretary to Government
The Government of Tamil Nadu
Revenue Department, Fort St. George
Secretariat, Chennai – 600 009.
2. The Commissioner of Land Administration
Ezhilagam, Chepauk
Chennai – 600 005.
3. The District Collector
Dharmapuri District.
4. The District Revenue Officer
Dharmapuri District.
https://www.mhc.tn.gov.in/judis
5. The Revenue Divisional Officer
Harur Dharmapuri District.
6. The Tahsildar
Papireddipatti Taluk
Dharmapuri District.
7. The Chief Executive Officer (CEO)
The Tamil Nadu Waqf Board
No.1, Jaffar Syrang Street
Vallal Seethakathi Nagar
[Custom House Backside]
Chennai – 600 001.
https://www.mhc.tn.gov.in/judis
THE HON'BLE CHIEF JUSTICE
AND
D.BHARATHA CHAKRAVARTHY, J.
(drm)
02.01.2024
https://www.mhc.tn.gov.in/judis
