Madras High Court
M.Mohamed Thaha Maricar vs The Tamil Nadu Waqf Board on 11 March, 2025
Author: D.Bharatha Chakravarthy
Bench: D.Bharatha Chakravarthy
W.P.No.35635 of 2024
THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 11.03.2025
CORAM :
The Hon'ble MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.35635 of 2024
M.Mohamed Thaha Maricar .. Petitioner
-vs-
1. The Tamil Nadu Waqf Board,
Rep. by its Chief Executive Officer,
Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Parrys, Chennai-1.
2. The Sub-Divisional Magistrate and
Sub-Collector, The Office of
Sub-Divisional Magistrate,
Nagapattinam & District.
3. The Commissioner,
Nagapattinam Municipality,
Nagapattinam & District.
4. The Superintendent of Police,
Nagapattinam & District.
5. The Tahsildar,
Nagapattinam Taluk & District.
6. N.Mohamed Sultan Maracair
(R-6 impleaded as per order of
Court dated 11.3.2025 in WMP
No.9532 of 2024 in WP) .. Respondents
Page 1 of 6
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W.P.No.35635 of 2024
Petition filed under Article 226 of the Constitution of India
praying for issuance of Writ of Mandamus to direct respondents 1 to 5
jointly and in co-ordination with each other, execute the order passed
by the 2nd respondent in Ref.No.R.C.No.1230/2019/B3 dated
07.08.2019 issued under Section 55 of the Waqf Act, 1995 and deliver
vacant possession of waqf property to the petitioner with the police
assistance, within a time frame as may be fixed by this Court.
For Petitioner : Mr.R.Veeramani
For Respondents : M/s.Swathi Priya
for R-1
: Dr.S.Suriya
Addl. Govt. Pleader for RR 2, 3 & 5
: Dr.C.E.Pratap
Govt. Advocate (Crl. Side) for R-4
: Mr.K.M.Vijayan
Senior Counsel
for M/s.R.T.Shyamala for R-6
*****
ORDER
The prayer in the writ petition is for a mandamus directing
respondents 1 to 5 jointly in co-ordination with each other to execute
the order passed by the second respondent in R.C.No.1230/2019/B3
dated 07.08.2019 issued under Section 55 of the Waqf Act, 1995.
2. Heard the learned counsel appearing on both sides.
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3. As a matter of fact, Mr.K.M.Vijayan, learned senior counsel
appearing on behalf of the newly impleaded respondent would submit
that today, the authorities are present in the site and are trying to
carry out the directives under the order in the civil revision petition.
The learned senior counsel would submit that the Waqf itself is a
private Waqf and the Wakf would be put to irreparable loss and injury
if the demolition is taken place and possession is taken.
4. I have considered the said submission. It can be seen that
the 6th respondent also was the second respondent in the Civil
Revision Petition (MD) Nos.296 and 2070 of 2007. It is essential to
extract paragraph 21 of the order that was passed on 09.10.2018,
which is as under:
"21. In view of the above discussions, the order of
the learned Subordinate Judge (Wakf Tribunal),
Nagapattinam is without jurisdiction and therefore, is liable
to be set aside. In the result, these Civil Revision Petitions
are allowed and the order passed by the learned Principal
Subordinate Judge (Wakf Tribunal), Nagapattinam in
W.O.P.No.1 of 2004 dated 11.11.2005 is set aside. The
order of the petitioner Board dated 24.05.2007 is
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confirmed and the respondents 1 to 6 herein are directed
to hand over possession of property described in the
Commissioner's Report within a period of two months from
the date of receipt of a copy of this order failing which the
petitioner Board shall immediately thereafter initiate
proceedings under Section 55 of the Wakf At. It is
needless to state that meanwhile, it is open to the Wakf
Board to approach the Commissioner of Municipality,
Nagapattinam to take immediate steps to demolish the
unauthorized constructions put up on the property. The
respondents 1 to 6 shall pay costs to the petitioner.
Consequently, connected Miscellaneous Petitions are
closed."
5. Therefore, the sixth respondent himself was directed to hand
over possession. As a matter of fact, they are in violation of the said
order as on date. Not stopping with that, the sixth respondent as also
the others had earlier approached this Court by way of W.P.No.28017
of 2019 aggrieved by the consequential proceedings that are carried
out in implementing the order in the civil revision petition and by the
judgment dated 23.09.2019, the same was also dismissed. In the
teeth of the same, the proceedings have been dragged on upto the
year 2025. It is the duty of the everyone concerned that the orders
passed by the Courts of Law shall be implemented at the earliest.
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Therefore, the writ petition deserves to be allowed.
6. Accordingly, the writ petition is allowed. No costs.
7. It is stated that the authorities are present at the site to carry
out the directives in the civil revision petition. Let the same be carried
out. Needless to mention that if the parties want to take away any of
their personal belongings which are to be permitted, the same will be
permitted by the authorities.
11.03.2025
Neutral Citation: Yes/No
sra
To
1. The Chief Executive Officer,
Tamil Nadu Waqf Board,
Jaffer Syrang Street, Vallal Seethakathi Nagar,
Parrys, Chennai-1.
2. The Sub-Divisional Magistrate and
Sub-Collector, The Office of
Sub-Divisional Magistrate,
Nagapattinam & District.
3. The Commissioner,
Nagapattinam Municipality,
Nagapattinam & District.
D.Bharatha Chakravarthy, J.
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(sra)
4. The Superintendent of Police,
Nagapattinam & District.
5. The Tahsildar,
Nagapattinam Taluk & District.
11.03.2025
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