Madras High Court
The Chief Executive Officer vs Mohammed Ibrahim on 29 March, 2021
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
C.R.P.(P.D).No.3217 of 2016
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 29.03.2021
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
C.R.P.(P.D).No.3217 of 2016
and C.M.P.No.16303 of 2016
and CMP No.17350 of 2018
The Chief Executive Officer,
Tamil Nadu Waqf Board,
1, Jaffer Syrang Street,
Vballal Seethakathi Nagar,
Chennai – 600 001. ...Petitioner
Vs
1.Mohammed Ibrahim
2.Zakir Hussain ...Respondents
Prayer: Civil Revision Petition filed under Article 227 of the
Constitution of India to set aside the fair and decreetal order in
I.A.No.5531 of 2016 in O.A.No.5 of 216 dated 17.07.2016 on the file of
I Assistant City Civil Court cum Wakf Tribunal at Chennai.
For Petitioner : Mr.V.Lakshminarayanan
For Respondents : Mr.R.Venkata Varathan
ORDER
This Civil Revision Petition is filed challenging the fair and decreetal order dated 17.07.2016 made in I.A.No.5531 of 2016 in 1/5 https://www.mhc.tn.gov.in/judis/ C.R.P.(P.D).No.3217 of 2016 O.A.No.5 of 216 on the file of I Assistant City Civil Court cum Wakf Tribunal at Chennai, thereby allowing the petition for stay.
2. The respondents claimed to be purchasers of the suit property registered in the name of the Muslim Labbai Jamath Arabic Madarasa. According to them, the President of the Jamath had alienated the property in their name. He further submitted that the suit property is not a Wakf property, since there is no express dedication made as Wakf property. Therefore, they challenged the notice issued by the respondents under the Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975. Since, the year 2010, the Government of Tamil Nadu has amended the provision and as per the amendment, a Wakf registered with the Tamil Nadu Wakf Board is deemed to be “Public Premises” under the said Act.
3. The respondents came to understand that the petitioner has registered the suit property as Sl.No.318 of Chennai under the name of Muslim Labbai Jamath Arabic Madrasa, Anna Salai, Triplicane, Chennai, 2/5 https://www.mhc.tn.gov.in/judis/ C.R.P.(P.D).No.3217 of 2016 without affording an opportunity to the person interested in the suit property. While pending O.A, the respondents filed a petition for stay of all further proceedings in respect of notice issued by the petitioner herein and the same was allowed. Aggrieved by the same, the petitioner filed the present Civil Revision Petition and obtained interim suspension of the stay order passed by the Wakf Tribunal.
4. Thereafter, the petitioner also proceeded under the Tamil Nadu Public Premises (Eviction of Unauthorized Occupants) Act, 1975 and order of eviction was passed. Aggrieved by the same, the respondents filed an Appeal in CMA.No.95 of 2016 on the file of Principal Judge, City Civil Court, Chennai.
5. In fact, after the argument of both the learned counsel for the petitioner as well as the learned counsel for the respondents, the matter was posted “for orders” on 30.03.2021. At that juncture, the learned counsel for the petitioner would submit that the petitioner hereby undertakes not to disturb the peaceful possession and enjoyment of the 3/5 https://www.mhc.tn.gov.in/judis/ C.R.P.(P.D).No.3217 of 2016 suit property by the respondents herein till the disposal of CMA No.95 of 2016 on the file of the Principal Judge, City Civil Court, Chennai.
6. Recording the above undertaking, both the parties are at liberty to workout their remedy subject to the result of the CMA.
7. With the above direction, this Civil Revision Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.
29.03.2021 Index:Yes/No Internet:Yes/No Speaking Order: Yes/No lpp To The I Assistant City Civil Court cum Wakf Tribunal Chennai.
4/5 https://www.mhc.tn.gov.in/judis/ C.R.P.(P.D).No.3217 of 2016 G.K.ILANTHIRAIYAN , J.
lpp C.R.P.(P.D).No.3217 of 2016 and C.M.P.No.16303 of 2016 and CMP No.17350 of 2018 29.03.2021 5/5 https://www.mhc.tn.gov.in/judis/