Madras High Court
Mohammed Janullah Sheriff vs The Custodian Of Enemy Property For ... on 9 January, 2024
Author: S.M.Subramaniam
Bench: S.M.Subramaniam
W.P.No.35790 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.01.2024
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM
W.P.No.35790 of 2019
and
W.M.P.No.36685 of 2019
Mohammed Janullah Sheriff ... Petitioner
Vs.
1.The Custodian of Enemy Property for India,
Kaisar I Hind Building, Currimbhoy Road,
Opp.Bharat Bhavan,
Ballard Estate,
Mumbai – 400 001.
2.The District Collector,
Chennai District,
Singaravelar Maaligai,
Rajaji Salai,
Chennai – 1.
3.The Tahsildar,
Perambur Taluk,
Perambur,
Chennai – 600 011. ... Respondents
Prayer: Writ Petition filed under Article 226 of the Constitution of India for
issuance of a Writ of Certiorari, call for the entire records connected with the
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W.P.No.35790 of 2019
impugned notice in Form-4 (under Rule 4(3) of the Enemy Property Rules
2015) dated 25.01.2019 issued by the 2nd respondent and quash the same.
For Petitioner : Mr.K.Thilageswaran
For R1 : Mr.T.V.Krishnamachari
Senior Panel Counsel
For R2 & R3 : Mr.G.Ameedius
Government Advocate
ORDER
The Form-4 notice issued by the District Collector, Chennai under Rule
4(3) of the Enemy Property Rules, 2015 dated 25.01.2019 is sought to be
quashed in the present writ petition.
2. The learned counsel for the petitioner would submit that the
property, namely, House and Ground bearing Door No.12, 12-A at
Thiruvengadasamy Street, Perambur Barracks, Chennai – 600 012
corresponding to Re-Survey (RS) No.165/5 and house site bearing
No.R.S.No.165/6 measuring about one ground and 2163 Square feet has been
sold by way of Certificate of Sale dated 14.07.1955 by the Competent Officer,
Evacuee Interest (separation) Act, Madras and Andhra State through a public
auction to the elder sister of the petitioner named Mrs.Sarifa Bi W/o
S.A.Sattar.
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3. Further, he would submit that having purchased the said
property by way of Certificate of Sale, the elder sister of the petitioner was in
continuous possession and enjoyment of the property and by way of
Registered Deed of Settlement bearing Document No.2552 of 1956, the
subject property was settled in favour of the elder brother of the petitioner
named Mr.M.I.Abdul Wahab Sheriff. Since the elder brother of the petitioner
was died and his wife predeceased and they did not have any children, the
subjection property was devolved to the petitioner and his elder sisters and
his younger brother. Since they they were in the possession and enjoyment of
the subject property.
4. After several years, the petitioner received the impugned notice
dated 25.01.2019 issued by the District Collector, Chennai under Rule 4(3) of
the Enemy Property Rules 2015, stating that the subject property under the
occupation of the petitioner is an enemy property under the provisions of the
Enemy Property Act, 1968 and therefore, the property vested in the
Custodian under Sections 5, 5A and 12 of the Enemy Property Act, 1968 and
the Enemy Property Rules, 2015.
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5. Further, it is contended that the impugned notice was issued
without jurisdiction and erroneous invocation of the provisions of the Enemy
Property Act and Rules and therefore, the said notice is liable to be set aside.
6. Further, it is submitted that the Certificate of Sale issued by the
Competent Officer was issued in Claim No.176 of Madras. The Certificate
states that Mrs.Sharifa Bi, Wife of S.A.Sathar residing at No.25, Mangapathy
Naicken Street, Strahans Road, Madras declared the purchase by public
auction on 14.06.1955 of the property mentioned in the schedule for a sum of
Rs.8,250/- held in pursuance of the powers conferred upon the Competent
Officer under Section 10 of the Evacuee Interest (Seperation) Act 1951
(LXIV of 1951) and the rules made thereunder.
7. Further, the Sale Certificate issued by the Competent Officer was
verified by the District Collector, Chennai. The Counter filed by the District
Collector would reveal that File No.R.Dis.6323 of 1956 traced out from the
Collectorate Record Section for the subject land sold at the public auction
and the Judgment before the Competent Officer Evacuee Interest (Seperation)
Madras and Andhra States in the year 1955 for evacuees 1) Abdul Gafoor
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Khan 2) Mahaboob Bi, 3) Kareem Baksh and 4) Sahira Bi dated 15.04.1955.
The said Sahira Bi is the elder sister of the writ petitioner.
8. Since the sanctity of the Sale Certificate has already been verified
by the District Collector, Chennai and on verification of record, it is found
that the subject property was auctioned by the Competent Officer, of Madras
and Andhra Pradesh under the provisions of Evacuee Interest (Separation)
Act, 1951, the notice issued by the District Collector under the Enemy
Property Act, 1968, without jurisdiction, would amount to unnecessary
interference in to the property right of the petitioner. Thus, the writ petitioner
is entitled to succeed. Consequently, the impugned notice issued in Form-4
under Rule 4(3) of Enemy Property Rules, 2015 dated 25.01.2019 is
quashed.
Accordingly, the Writ Petition stands allowed. No costs. Consequently,
connected miscellaneous petition is closed.
09.01.2024
veda
Index : Yes / No
Speaking order / Non-Speaking Order
Neutral Citation : Yes / No
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To
1.The Custodian of Enemy Property for India,
Kaisar I Hind Building, Currimbhoy Road,
Opp.Bharat Bhavan,
Ballard Estate,
Mumbai – 400 001.
2.The District Collector,
Chennai District,
Singaravelar Maaligai,
Rajaji Salai,
Chennai – 1.
3.The Tahsildar,
Perambur Taluk,
Perambur,
Chennai – 600 011.
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S.M.SUBRAMANIAM, J.
veda
09.01.2024
(2/2)
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