Madras High Court
M/S.Umar Pulavar Nagar Pallivasal vs The Inspector General Of Registration on 1 July, 2024
Author: N. Sathish Kumar
Bench: N. Sathish Kumar
WP.No.8068 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 01.07.2024
CORAM
THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR
WP.No.8068 of 2022
M/s.Umar Pulavar Nagar Pallivasal
Rep by its President
Mr.K.Mohammed Ibrahim
No.5, Umarpulavar
Tindivanam,
Villupuram District – 604 001 .. Petitioner
Versus
1.The Inspector General of Registration
101, Santhome High Road
Chennai – 600 028
2.The District Registrar
Tindivanam, Villupuram District
3.The Joint 1 Sub Registrar
Tindivanam, Villupuram District
4.The Tamil Nadu Waqf Board
Rep by its Chief Executive Officer
No.1, Jaffer Syrang Street
Vallal Sithakathi Nagar
Chennai – 600 001 .. Respondents
Prayer: Writ Petition is filed under Article 226 of the Constitution of India
praying to issue a Writ of Certiorarified Mandamus, calling for the entire
records pertaining to the Inspection Memo dated 10.12.2021 bearing
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1/8
WP.No.8068 of 2022
No.21/2021 by the 3rd respondent and quash the same, consequently directing
the 3rd respondent to register the same.
For Petitioner : Mr.G.Baskar
For Respondents : Mr.L.S.M.Hasan Fizal for R1 to R3
Additional Government Pleader
Mr.M.Fakkir Mohideen for R4
ORDER
Challenge has been made to the refusal checkslip issued by the third
respondent on the ground that the property is a Waqf property.
2. It is the case of the writ petitioner that the petitioner purchased an
extent of 0.06 ½ cents out of 10.02 acres by sale deed dated 05.06.1989.
Thereafter, the elected Jamath people of the pallivasal have constructed the
Pallivasal in the vacant land. The petitioner is the President of the said
Pallivasal. The Pallivasal also purchased an extent of 450 sq.ft., comprised in
S.No.150/2 situated at Roshanai Hospital Road, Tindivanam. Prior gift deed
also indicate that the Pallivasal officer bearer shall have right to sell the
property. Hence, when the document has been presented for registration and
the impugned refusal checkslip is passed. Challenging the same, this writ
petition.
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3. Counter has been filed by the fourth respondent, it is their contention
that the petitioner pallivasal was constructed solely from the contributions
made by the muslim community in and around Tamil Nadu. It is their
contention that Waqf Act, 1995 is applicable to both registered and
unregistered Waqf. Hence, it is their contention since it is a Waqf property, the
same cannot be alienated without the permission of the Waqf Board. Therefore,
unless the petitioner obtains the permission from the Board, the property
cannot be dealt.
4. It is the contention of the learned counsel for the petitioner that it is
only a private Pallivasal, it does not come under the Waqf Board. Therefore,
Waqf Act, 1995 will not apply. Further, he submitted that since the Gift Deed
provides for sale of property, they are entitled to sell the property. Whereas, the
learned counsel for the fourth respondent would mainly submit that Waqf is
registered or unregistered that will not make any difference, only the Waqf Act,
1995 will apply.
5. Heard both sides and perused the materials available on record. By
consent of both parties, this writ petition is taken up for final disposal at the
admission stage itself.
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6. At the outset, this Court is of the view that such contention cannot be
countenanced for the simple reason that the property has been dedicated for the
purpose recognised by the Muslim law as a pious, religious or charitable use it
as a mosque. Therefore, it comes within the ambit of the definition of “waqf”
under Section 3 (r) of the Waqf Act, 1995. Such being the position whether the
Waqf has been registered or not will not make any difference and the properties
in respect of which Waqf Act is created for the purpose as defined under the
Act, all the property will come under the Waqf. It is also to be noted that
already the petitioner has given a letter on 01.11.2021 for registering the same
as a Waqf property and the same is still pending.
7. Such view of the matter, this Court is of the view that once the
property is dedicated and comes within the ambit as defined under the Act,
without the permission of the Waqf Board, the property cannot be alienated. In
this regard, this Court has also in W.P.(MD).No.10408 of 2015 in the case of
Madurai Yagappanagar Muslim Jamat Noorul-Hudha Jumma Pallivasal
Society Vs. The Sub Registrar and two others, dated 16.10.2015 has held as
follows:
“ 13.From a reading of Section 3(r), it could be seen that
Wakf Act would apply to all the wakfs irrespective of the fact
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whether it is registered wakf under the Wakf Act or unregistered
wakf, since all the wakfs in the State shall vest in the Board. In
this regard, a reference could be placed in the judgment, relied
upon by the learned counsel for the Wakf Board, reported in AIR
1985 AP 127 (Andhra Pradesh Wakf Board, Hyderabad Vs.
S.Syed Ali Mulla and others), wherein the Hon'ble Division
Bench of Andhra Pradesh has held as follows:- “14.The
following cases arising from the A.P.Charitable and Hindu
Religious Institutions and Endownments Act, 1966, prior to the
Amendment made to S.3-A of that Act in Sri Subramanya
Bharathi Bhavana Kalasalav. Commr. Hindu Religious and
Charitable Endownments A.P.Hyderabad W.A. No. 695 dt 26- 9-
1974, Nelamvari Annachatram Rajamandry v. Govt. of A.P. W.A.
Nos. 86 and 542/74 dt 20-11-1974 and Nalam Ramalingaiah v.
Commr. Hindu Religious and Charitable Endownments
A.P.Hyderabad, W.P. No. 3156 of 1973 dt 15-4-1975 will not,
therefore, have any application to cases arising under the Wakf
Act, which in terms of S.2 of the Act, applies to all Wakfs whether
created before or after the commencement of the Act. The
limitation cannot be imported that the Act applies only to wakfs
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registered under the Act and not to wakfs not registered under
Act. The general superintendence of all Wakfs in the State shall
vest in the Board established for the State irrespective of the
question whether the wakf is registered or not registered. .....”
8. Considering the above judgment and the property is of the Waqf
Board, the petitioner merely relying on the recitals in the earlier documents
cannot deal with the property without permission being obtained from the
Waqf Board.
9. Accordingly, I do not find any merits in the case and this writ petition
stands dismissed. No costs.
01.07.2024
dhk
Index :Yes/No
Internet :Yes/No
Neutral Citation : Yes/No
https://www.mhc.tn.gov.in/judis
To
1.The Inspector General of Registration
101, Santhome High Road
Chennai – 600 028
2.The District Registrar
Tindivanam, Villupuram District
3.The Joint 1 Sub Registrar
Tindivanam, Villupuram District
4.The Chief Executive Officer
The Tamil Nadu Waqf Board
No.1, Jaffer Syrang Street
Vallal Sithakathi Nagar
Chennai – 600 001
https://www.mhc.tn.gov.in/judis
N. SATHISH KUMAR, J.
dhk
01.07.2024
https://www.mhc.tn.gov.in/judis
