Madras High Court
Habeeb vs The District Collector on 10 December, 2024
Author: G.K.Ilanthiraiyan
Bench: G.K.Ilanthiraiyan
W.P(MD)No.3258 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 10.12.2024
CORAM
THE HONOURABLE MR.JUSTICE G.K.ILANTHIRAIYAN
W.P(MD)No.3258 of 2024
and
W.M.P(MD)Nos.3220 & 3221 of 2024
Habeeb,
The Secretary,
Mohideen Kader Sahib Andavar Jumma Mosque,
Selvamaruthur,
Thisaiyanvilai,
Radhapuram Taluk,
Now at, Thisaiyanvilai Taluk,
Tirunelveli District. ... Petitioner
Vs
1.The District Collector,
Office of the Collectorate Building,
Tirunelveli District.
2.The Managing Director,
Tamil Nadu State Transport Corporation
(Madurai Division – II),
No.19, Thiruvanandapuram Road,
Vannarpettai,
Tirunelveli District.
3.The Chief Executive Officer,
Tamil Nadu Wakf Board,
No.1, Jaffer Syrang Street,
Vallal Seethaikathi Nagar,
Chennai.
4.The Tahsildar,
Office of the Tahsildar,
Thisaiyanvilai,
Tirunelveli District. ... Respondents
https://www.mhc.tn.gov.in/judis
1/12
W.P(MD)No.3258 of 2024
PRAYER: Writ Petition filed under Article 226 of Constitution of
India, to issue a Writ of Certiorari, to call for the records pertaining
to the impugned order passed by the first respondent in
Na.Ka.No.G2/40057/2022, dated 03.01.2024 and set aside the
same as illegal.
For Petitioner : Mr.M.Ajmal Khan
Senior Counsel
for M/s.Ajmal Associates
For RR 1 & 4 : Mr.D.Gandhi Raj
Special Government Pleader
For R – 2 : Mr.S.C.Herold Singh
For R – 3 : Mr.Harron Rashidh
ORDER
This Writ Petition has been filed by the petitioner challenging the order passed by the first respondent dated 03.01.2024, thereby declaring the property comprised in Survey No.240/3 to an extent of 0.43.00 hectares situated at Thisaiyanvilai Village, Radhapuram Taluk, Tirunelveli District as 'Sarkar Poramboke' and remark as 'Natham'.
2.Heard the learned counsel appearing on either side and perused the materials placed before this Court. https://www.mhc.tn.gov.in/judis 2/12 W.P(MD)No.3258 of 2024
3.The petitioner is the Mohideen Kader Sabib Andavarjumma Mosque (in short hereinafter referred to as 'the Wakf'). It consists mosque, burial ground and other vacant land. The property comprised in Survey No.240/1 which is classified as Natham to an extent of 1 acre 25 cents consists mosque building, graveyard and other vacant land. It was surveyed along with other wakf property by the wakf board and the same was also notified in the Gazettee as Mohideen Kader Sahib Andavarjumma Prayer Mosque, Selvamaruthur, Thisaiyanvilai under serial No.33. The revenue records also stands in the name of the Wakf. The particular property comprised in Survey No.240/1 and other properties ie., Survey Nos.240/3, 240/4 and 240/5 also stands in the name of the wakf as per the revenue records. While being so, the property comprised in Survey No.240/1 was leased out in favour of the second respondent by the lease deed dated 22.02.1993 for a period of 10 years for the monthly rent at Rs.6,000/-, after obtaining sanction from the third respondent as per Section 36(A) of the Waqf Act, 1954. The lease period came to an end on 21.02.2003. At the fag end of expiry of lease period, the erstwhile Muthavalli died on 22.02.2000. Thereafter, the second respondent evaded to pay rent and claimed title over the property. After a period of 9-1/2 years from the date of lease, that too, after having been paid monthly https://www.mhc.tn.gov.in/judis 3/12 W.P(MD)No.3258 of 2024 rent, the second respondent is estopped from denying the title of the landlord in respect of the property which was leased out in favour of the second respondent. The second respondent also approached the first respondent to grab the subject property as if it is classified as Natham.
4.The erstwhile President of Wakf filed a suit in O.S.No.27 of 2003 on the file of the Principal Sub Court (Wakf Tribunal), Tirunelveli for recovery of possession and also payment of arrears of rent. It was decreed by judgment and decree dated 29.07.2004 in favour of the Wakf. Aggrieved by the same, the second respondent preferred a civil revision petition before this Court in C.R.P(MD)No.740 of 2005. It was dismissed by this Court by order dated 29.04.2016. Further, the second respondent filed a Writ Petition in W.P(MD)No.20632 of 2017 seeking assignment of the subject land in its favour by way of representation suppressing the earlier judgment and decree passed by the Wakf Tribunal and the dismissal of the Civil Revision Petitions. This Court, by order dated 09.11.2017, directed the first respondent to consider the representation submitted by the second respondent herein and pass orders within a period of six weeks. Thereafter the execution https://www.mhc.tn.gov.in/judis 4/12 W.P(MD)No.3258 of 2024 petition was filed by the petitioner in E.P.No.102 of 2017 in order to execute the order passed by the Wakf Tribunal. However, the second respondent kept on filing interlocutory applications to delay the process. After dismissal of the interlocutory applications, the second respondent filed a Civil Revision Petition before this Court in C.R.P(MD)No.258 of 2018 and the same was also dismissed on 28.03.2018. Likewise against E.A.No.46 of 2018, another Civil Revision Petition was filed by the second respondent in C.R.P(MD)Nos.1508 and 1534 of 2018 and the same was also dismissed on 13.08.2018. That apart, on the instigation of the second respondent, a Public Interest Litigation petition was filed by the Thisaiyanvilai Nagaramakkal Nala Munnetra Sangam in W.P(MD)No.19937 of 2018 before the Hon'ble Division Bench of this Court seeking assignment of the land comprised in Survey No.240/1 in favour of the second respondent. It was dismissed by order dated 18.09.2018 by the Hon'ble Division Bench of this Court on the ground that the subject land is classified as Natham and it is not Government land. In the meanwhile, pursuant to the order passed by this Court in W.P(MD)No.20632 of 2017, dated 09.11.2017, the first respondent passed the order impugned in this Writ Petition thereby declaring that the subject property belongs to the Government and directed the fourth respondent to mutate the https://www.mhc.tn.gov.in/judis 5/12 W.P(MD)No.3258 of 2024 revenue records by reclassifying the land as 'Sarkar Poramboke' and remarked as 'Natham'.
5.On perusal of the counter-affidavit filed by the first respondent and on the submissions made by the learned Special Government Pleader appearing for the respondents 1 and 4 would reveal that the subject land in S.No.240/1 measuring an extent of 20.40 acres is classified as 'Government poramboke – Grama Natham in the pre-UDR Settlement A-Register of Thisayanvilai Village. During the Natham Settlement Survey, the said land in Natham Survey No.240/1 of Thisayanvilai Village was sub-divided as Survey Nos.240/1 to 6. The property comprised in Survey No.240/3 to an extent of 0.43.00 hectares is classified as Natham and belongs to the Mohiden Kadher Sahib Andavar Pallivasal situated at Thisayanvilai Village, Tirunelveli District. It was leased out in favour of the second respondent for a period of 10 years from 22.02.1993 and the tenancy expires on 21.02.2003. Thereafter, the second respondent had put up a shed and RCC room to run the bus depot. The second respondent also paid monthly rent to the petitioner till the fag end of the lease period. Thereafter, the second respondent questioned the title of the subject property and failed to pay rent. https://www.mhc.tn.gov.in/judis 6/12 W.P(MD)No.3258 of 2024 The second respondent is enjoying the subject property by paying monthly rent, it cannot turn around and say that the petitioner is not the landlord. The second respondent is estopped from denying title of the petitioner. Therefore, the second respondent is liable to be evicted as per the lease agreement. In order to grab the subject property from the petitioner, the second respondent cleverly submitted a representation seeking assignment of the said land in its favour as if the subject property is a Natham poramboke suppressing the suit filed by the petitioner and judgment and decree passed by the Wakf Tribunal. The second respondent also managed to obtain orders from this Court in W.P(MD)No.20632 of 2017 and thereby directed the first respondent to dispose of the representation submitted by the second respondent. It is also seen that the second respondent seeking assignment of the land by filing the Writ Petition in W.P(MD)No.20632 of 2017. It is being the Corporation functioning under the Government of Tamil Nadu instead of approaching the Government of Tamil Nadu, filed the Writ Petition. It shows that in order to grab the property from the petitioner colluding with the revenue department, the Writ Petition was filed and obtained directions. Thereafter, the first respondent conducted an enquiry and declared that the subject property is a Government poramboke land and it does not belong to the https://www.mhc.tn.gov.in/judis 7/12 W.P(MD)No.3258 of 2024 petitioner. In fact, another Writ Petition filed by the second respondent by way of Public Interest Litigation to assign the subject land in favour of the second respondent was dismissed by the Hon'ble Division Bench of this Court in W.P(MD)No.19937 of 2018, dated 18.09.2018. Without considering the same, the first respondent mechanically, in order to grab the property from the petitioner, passed the impugned order, dated 03.01.2024.
6.That apart, the second respondent prolonged the execution proceedings to the maximum extent by filing unnecessary applications before the Execution Court in order to prevent the petitioner from taking possession of the subject property from the second respondent in pursuant to the judgment and decree passed in favour of the petitioner for recovery of possession and also directed the second respondent to pay the arrears of rent. After having been failed before the Execution Court, the second respondent cleverly submitted representation and colluded with the first respondent in order to grab the subject property suppressing the suit and execution proceedings. In fact, finally, the second respondent filed E.A.No.3 of 2023 in E.P.No.102 of 2017 in O.S.No. 27 of 2003 on the file of the Principal Sub Court, Tirunelveli, for https://www.mhc.tn.gov.in/judis 8/12 W.P(MD)No.3258 of 2024 obstruction petition and also for declaration declaring that the subject property belongs to the Government of Tamil Nadu and it is pending. Unfortunately, the first respondent, without considering the above under the guise of enquiry, declared the subject property as Government land and directed the fourth respondent to mutate the revenue records, which is absolutely illegal and contrary to the orders passed by this Court. The first respondent cannot sit over its own cause as a Judge by declaring the subject property as a Government land. Further, it is unheard that the second respondent filed an application in E.A.No.3 of 2023 in E.P.No.102 of 2017 in O.S.No.27 of 2003 on the file of the Principal Sub Court, Tirunelveli for a declaration declaring that the subject property as a Government property and to dismiss the execution petition filed by the petitioner in E.P.No.102 of 2017 to execute the judgment and decree passed in O.S.No.27 of 2003. After having been failed in all interlocutory applications, finally the second respondent come forward with the application that too after the order passed by the first respondent dated 03.01.2024 to nullify the decree itself. The second respondent also failed to pay any rent so far from 01.01.2002. In view of the above, this Court finds infirmity and illegality in the order passed by the first respondent, dated 03.01.2024 and the same is liable to be quashed. https://www.mhc.tn.gov.in/judis 9/12 W.P(MD)No.3258 of 2024
7.Accordingly, the order passed by the first respondent dated 03.01.2024 is quashed. The second respondent is directed to vacate and hand over the possession of the property comprised in Survey No.240/3 to an extent of 0.43.00 situated at Thisaiyanvilai Village, Radhapuram Taluk, Tirunelveli District on or before 12.01.2024. The second respondent is also directed to pay the arrears of rent to the petitioner from 01.01.2002 till December 2024 with interest at the rate of 6% per annum within a period of four weeks from the date of receipt of a copy of this order.
8.With the above directions, this Writ Petition is allowed. There shall be no order as to costs. Consequently, connected Miscellaneous Petitions are closed.
10.12.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes
Note: Issue Order Copy on or before 12.12.2024. ps https://www.mhc.tn.gov.in/judis 10/12 W.P(MD)No.3258 of 2024 To
1.The District Collector, Office of the Collectorate Building, Tirunelveli District.
2.The Managing Director, Tamil Nadu State Transport Corporation (Madurai Division – II), No.19, Thiruvanandapuram Road, Vannarpettai, Tirunelveli District.
3.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Street, Vallal Seethaikathi Nagar, Chennai.
4.The Tahsildar, Office of the Tahsildar, Thisaiyanvilai, Tirunelveli District.
https://www.mhc.tn.gov.in/judis 11/12 W.P(MD)No.3258 of 2024 G.K.ILANTHIRAIYAN, J.
ps Order made in W.P(MD)No.3258 of 2024 10.12.2024 https://www.mhc.tn.gov.in/judis 12/12