Madras High Court
Muslim Education Association Of South ... vs The Tamil Nadu Wakf Board on 7 July, 2022
Author: C.Saravanan
Bench: C.Saravanan
W.P.No.27567 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 07.07.2022
CORAM
THE HON'BLE MR.JUSTICE C.SARAVANAN
W.P.No.27567 of 2021
and
W.M.P.Nos.29106, 29107 & 29109 of 2021
1.Muslim Education Association of South India,
Represented by its Secretary,
Mr.Elias Sait,
Association Gardens, Old No.87/New No.147,
Peters Road, Royapettah,
Chennai – 600 014.
2.MEASI Matriculation Higher Secondary School,
Represented by its Secretary,
Mr.Elias Sait,
No.53, Angappanaicken Street,
Muthialpet, Chennai – 600 001. ... Petitioners
Vs.
1.The Tamil Nadu Wakf Board,
Represented by its Chief Executive Officer,
Jaffar Syrang Street,
Vallal Seethakathi Nagar,
Chennai – 600 001.
2.MASJID-E-ASHROFF Wakf,
198-200, Angappa Naicken Street,
Chennai – 600 001. ... Respondents
____________
https://www.mhc.tn.gov.in/judis
Page No. 1 of 8
W.P.No.27567 of 2021
Prayer: Writ Petition filed under Article 226 of Constitution of India, for
issuance of a Writ of Certiorari, call for the records of the 1 st respondent in
R.C.No.8125/2016/B9/Chen dated 08.10.2021 and quash the same.
For Petitioner : Mr.Akhil Akbar Ali
For Respondents : MrC.Shankar
for R1
Mr.J.R.K.Bhavanantham
for R2
ORDER
The petitioner has challenged the impugned communication issued by the 1st respondent directing the petitioner to hand over the portion of the School premises measuring to an extent of 1500 sq.ft for running a Maqtab Madrassa to the Mosque Management. Relevant portion of the impugned communication/order of the 1st respondent reads as under:-
“As per the Tamil Nadu Waqf Board in its resolution Item No.98/21 dated 29.09.2021, I am to direct the Measi Matriculation Higher Secondary School Management and Masjid E Ashroff Management to arrive at a reasonable consus for the enhancement of rent of the School property and the Measi Matriculation Higher Secondary School Management is directed to handover the 19 shops pertaining to Masjid E Ashroff and to withdraw the eviction process of 19 shops and intimate the same to his office.
Further the Measi Matriculation Higher Secondary ____________ https://www.mhc.tn.gov.in/judis Page No. 2 of 8 W.P.No.27567 of 2021 School Management is also directed to handover a portion of school premises to an extent of 1500 sqft for running a Maqtab Madrasa to Mosque Management and intimate the same to this office.
Further, the lease should be renewed as per direction of the Board.”
2.Challenge to the impugned communication of the 1st respondent is primarily on the ground that violation of principles of natural justice. That apart, it is submitted that the lease agreement was signed way back on 20.02.1985 for a period of 99 years. It is submitted that the contraventions of the aforesaid lease agreement and the permission given by the Wakf Board for putting up commercial shops within the lease premises, the impugned order has been issued.
3.It is therefore submitted that the impugned order of the 1st respondent directing the petitioner to hand over the portion of the shops measuring an extent of 1500 Sq.ft for running a Maqtab Madrassa to the Mosque Management cannot be sustained. It is submitted that the function of the 1st respondent Board is confined to Section 32(2) of the Waqf Act, wherein powers has been vested only to safeguard and manage the Waqf properties. It is submitted that none of the provisions would enable the respondent Wakf Board to direct the petitioner to hand over the land in dilution of the rights ____________ https://www.mhc.tn.gov.in/judis Page No. 3 of 8 W.P.No.27567 of 2021 conferred on the petitioner under the lease dated 20.02.1985.
4.The writ petition is contested by the first respondent and by the Wakf Board in question namely 2nd respondent on the ground that the petitioner has not vacated the school and that only a portion of the property to an extent of 1500 sq.ft was commercial shops. It is therefore submitted that there is no irregularity in the impugned communication and the monthly rent paid by the petitioner is very meager as compared to the benefits reaped by the petitioner.
5.That apart, it is submitted that in the exercise of the power conferred under Section 56 of the Waqf Act, 1985, the Central Government has also framed the Wakf Properties Lease Rules, 2014 which was published vide GSR.No.380/E dated 03.06.2014.
6.It is submitted that in the light of the provisions of the Wakf Act, 1985 and the Wakf Properties Lease Rules, 2014, the impugned proceedings of the 1st respondent cannot be interfered with. It is further submitted that the petitioner has an alternate remedy before the Wakf Tribunal under Section 83 of the Wakf Act, 1985 and therefore this writ petition is liable to be ____________ https://www.mhc.tn.gov.in/judis Page No. 4 of 8 W.P.No.27567 of 2021 dismissed.
7.I have considered the arguments advanced by the learned counsel for the petitioner and the learned counsel for the respondents.
8.An unregistered Lease Agreement was singed on 20.02.1989. An unregistered document has no force of law under Section 49 of the Registration Act, 1908. That apart under Section 56 of the Wakf Act, 1985 there is a restriction for lease and sub-lease of any property for a period exceeding three years. Thus, the Lease Deed executed on 20.02.1985 is prima facie not inconsonance. Section 56 of the Wakf Act 1995 and Wakf Properties Lease Rule, 2014 and Section 49 of the Registration Act, 1908.
9.In any event, the petitioner has an alternate remedy before the Wakf Tribunal. Considering the above, I am inclined to dismiss this writ petition. While dismissing this writ petition liberty is given to the petitioner to approach the Wakf Tribunal within a period of 30 days from the date of receipt of a copy of this order. The respondents are directed to maintain the status quo for a period of 60 days from the date of receipt of a copy of this ____________ https://www.mhc.tn.gov.in/judis Page No. 5 of 8 W.P.No.27567 of 2021 order to enable the petitioner to secure an interim order from the Wakf Tribunal. If such an appeal is filed by the petitioner under Section 83 of the Act before the Wakf Tribunal, the Wakf Tribunal shall pass orders on merits and in accordance with law without getting any influenced by any of the observations made in this writ petition. The interim protection granted by this Court will automatically expire at the end of 60 days from the date of receipt of a copy of this order if the petitioner fails to file such an appeal within such time.
10.Accordingly, this writ petition stands disposed with the above observations. No costs. Consequently, connected writ miscellaneous petitions are closed.
07.07.2022 Index : Yes/No Internet : Yes/No Speaking/Non-speaking Order jas To ____________ https://www.mhc.tn.gov.in/judis Page No. 6 of 8 W.P.No.27567 of 2021
1.The Tamil Nadu Wakf Board, Represented by its Chief Executive Officer, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai – 600 001.
2.MASJID-E-ASHROFF Wakf, 198-200, Angappa Naicken Street, Chennai – 600 001.
____________ https://www.mhc.tn.gov.in/judis Page No. 7 of 8 W.P.No.27567 of 2021 C.SARAVANAN, J.
jas W.P.No.27567 of 2021 and W.M.P.Nos.29106, 29107 & 29109 of 2021 07.07.2022 ____________ https://www.mhc.tn.gov.in/judis Page No. 8 of 8