WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

Reserved On : 16.06.2026

Pronounced On : 23.06.2026

CORAM

THE HONOURABLE MR .JUSTICE N.SATHISH KUMAR

AND

THE HON'BLE MR.JUSTICE M.JOTHIRAMAN

WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

and

CMP.(MD)Nos.15247 & 15248 of 2024

& WMP.(MD)Nos.1950 & 1951 of 2024

W.A.(MD)No.2170 of 2024

1.S.Nainar Mohammed

2.K.Abbas Ali

3.A.Abbas ... Appellants

Vs.

1.S.Samidurai

2.R.Paramasivan

3.The District Collector,

Thenkasi District,

Thenkasi.

4.The Revenue Divisional Officer,

Sankarankovil,

Thenkasi District.

5.The Assistant Director (Land Survey),

Thenkasi District,

Thenkasi.

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

6.The Thasildar,

Sankarankovil Taluk,

Thenkasi District.

7.The Commissioner,

Sankarankovil Municipality,

Thenkasi District.

8.The Deputy Superintendent of Police,

Sankarankovil,

Thenkasi District.

9.The Tamil Nadu Waqf Board,

Rep. by its Chief Administrative Officer,

No.1, Jaffarsyrang Street,

Vallalseethakathi Naagar,

Chennai-600001. ... Respondents

(R9 is impleaded as per the order of this Court dated 02.04.2025 made in

CMP.(MD)No.17821 of 2024 in WA.(MD)No.2170 of 2024)

PRAYER : Writ Appeal filed under Clause 15 of letters Patent against

the order dated 16.10.2024 made in W.P.(MD)No.1749 of 2024.

For Appellants: Mr.T.Lajapathi Roy,

Senior Counsel,

for M/s.Ajmal Associates

For R1 & R2 : Mr.K.P.S.Palanivelrajan,

Senior Counsel,

for Mr.M.Karthikeyavenkitachalapathy

For R3 to R6: Mr.C.Jeganathan,

Counsel for State

For R7 : Mr.M.Rajarajan

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

For R8 : Mr.I.Murugesan,

Government Advocate

For R9 : Mr.K.Jeyamohan

WP.(MD)No.1951 of 2024

Muslim Jamath Executive Committee,

Rep.by its Secretary,

Thiruvenkadam Road,

Sankarankovil,

Thenkasi District. ... Petitioner

Vs.

1.The District Collector,

O/o. The District Collector,

Thenkasi District,

Thenkasi.

2.The District Revenue Officer,

O/o.The District Revenue Officer,

Thenkasi District, Thenkasi.

3.The Revenue Divisional Officer,

O/o.The Revenue Divisional Officer,

Sankarankovil, Thenkasi.

4.The Commissioner,

O/o. Commissioner Office,

Sankarankovil Municipality,

Sankarankovil,

Thenkasi District.

5.The Tahsildar,

Sankarankovil,

Thenkasi District.

6.S.Samidhurai ... Respondents

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

PRAYER : Writ Petition filed under Article 226 of the Constitution of

India, praying to issuance of Writ of Certiorarified Mandamus, to call for

the records relating to the impugned order passed by the first respondent

in his proceedings in Na.Ka.No.3366/2022/F1 dated 05.12.2023 and

quash the same as illegal and consequently to forbear the respondents

from in any way interfering with the rights of the petitioner to construct

the building in S.No.227, Ward B, Block 43, Soundarapandian

Vinayagarkoil Street, Sankarankovil, Thenkasi District in terms of the

planning approval granted by the first respondent in planning approval

No.143/BL/2023/00053 dated 22.05.2023 within the period that may be

stipulated by this Court.

For Petitioner: Mr.T.Lajapathi Roy,

Senior Counsel,

for M/s.Ajmal Associates

For R6 : Mr.K.P.S.Palanivelrajan,

Senior Counsel,

for Mr.M.Karthikeyavenkitachalapathy

For R1 to R3 &

R5 : Mr.C.Jeganathan,

Counsel for State

For R4 : Mr.M.Rajarajan

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

JUDGMENT

(Judgment of this Court was delivered by M.JOTHIRAMAN J.)

Writ Appeal in WA.(MD)No.2170 of 2024 has been filed

challenging the order passed in WP.(MD)No.1749 of 2024 dated

16.10.2024.

2.Originally, one S.Samidurai and one R.Paramasivan/writ

petitioners have filed a writ petition in WP.(MD)No.1749 of 2024

challenging the order passed by the District Collector, Tenkasi dated

20.11.2023, wherein the District Collector stated that the property in

S.Nos.226 & 227 have to be maintained as found in the town survey

register and in the computer patta.

3.It is the case of the writ petitioners that the present writ petition

has been filed in order to protect the rights and interest of their

community people over the land in old S.No.346/2, new S.Nos.226 &

227 in Block No.43, Ward-B in Sankarankovil Town. The rights asserted

by the writ petitioners' community in T.S.No.226 is contested by the

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

appellants herein/respondents 7 to 9 therein in the writ petition. The

District Collector constituted a committee comprising the RDO,

Sankarankovil, the Assistant Director (Land Survey), Tenkasi, the DSP,

Sankarankovil, the Tahsildar, Sankarankovil and the Municipal

Commissioner. The committee was headed by the District Revenue

Officer. The said committee enquired both the parties and went through

the documents in the meeting held on 06.11.2023. The committee noted

that the claims of both the parties are not backed by documentary

evidence. But as per the proforma report dated 11.02.1968 on the file of

the Wakf Board, 27 cents of land in Old Survey No.346 corresponding to

T.S No.227 is a wakf property. In such circumstances, the District

Collector, Tenkasi issued the impugned memorandum dated 20.11.2023

stating that the District Level committee had decided that the present

position maintained in the revenue records as well as Town Survey

register in respect of T.S No.226 and T.S No.227 will continue.

Aggrieved over the same, the writ petitioners has filed the writ petition in

WP.(MD)No.1749 of 2024.

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

4.The learned Writ Court allowed the writ petition in the following

terms:-

7.In these circumstances, when a serious dispute

has arisen with regard to property rights between the SC

community and the Muslim community, it should be

adjudicated in the manner known to law. The Hon'ble

Supreme Court in Salem Muslim Burial Ground

Protection Committee v. State of Tamil Nadu and ors

(2023 LiveLaw (SC) 454) held that conducting of surveys

before declaring of property as a wakf property is

mandatory. There is nothing on record to show that such

survey was conducted in this case. The District Collector,

Tenkasi has mechanically gone by the proforma report.

In any event, such serious disputes between two

communities cannot be adjudicated by administrative

committees appointed by the District Collector.

Constitution of such committees has no statutory backing.

It is well settled that when there are factual disputes in the

matter of title, the executive authority should relegate the

parties to go for judicial adjudication. In the absence of

base documents, the authorities could not have arrived at

any conclusion in support of the status quo. Such an

approach is patently unsustainable. The property has

been classified as natham area. The parties should

therefore seek natham patta. So long as natham patta has

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

not been issued, it is not open to the District

Administration to endorse the stand of one party.

Challenging the above order, the respondents 7 to 9 in the writ petition,

have filed the present writ appeal in WA.(MD)No.2170 of 2024.

5.Muslim Jamath Executive Committee, represented by its

Secretary has filed a writ petition in WP.(MD)No.1951 of 2024

challenging the order passed by the Commissioner, Sankarankovil

Municipality dated 05.12.2023. The Commissioner, Sankarankovil

Municipality issued a notice to stop the construction work undertaken by

the Muslim Jamath Executive Committee in T.S.No.227.

6.It is the case of the Jamath that the petitioner Jamath is a waqf

notified under Section 6 of the Waqf Act, 1995. The ryotwari lands to the

extents of 17 cents and 10 cents comprised in S.Nos.226 & 227

respectively, belongs to their waqf. All the revenue records including

patta vide patta No.76, adangal and the town survey register stand int eh

name of the petitioner Jamath. It has also been enlisted as waqf property

in the proforma of the waqf which was prepared as early as in 1956. The

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

pallivasal is situated in the land to an extent of 17 cents in S.No.226..

There existed a building in the land to an extent of 10 cents in S.No.227

and the same had been rented for running Municipality Middle School.

They had been collecting the rent thereof. Since the said building

became dilapidated, the said School was shifted by the Management to

some other place. The Commissioner of Municipality has also granted

approval to construct new building in plan approval No.143/ BL / 2023 /

00053 dated 22.05.2023. While being so, the people belonging to the 6

th

respondent community (writ petitioners in WP.(MD)No.1749 of 2024)

have obstructed the construction claiming entitlement over the property

of the waqf. In pursuance to their obstruction, the Commissioner had

issued the impugned notice dated 05.12.2023 directing to stop the

construction until further orders, otherwise the same will be termed as

'un-authorized construction'.

7.The learned Senior Counsel appearing for the appellants and the

writ petitioner would submit that the impugned order passed by the

District Collector dated 20.11.2023 has merely asserted that the revenue

records as of then shall continue is un-sustainable in law. As of now the

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

revenue records including handwritten patta, computerized patta, extract

of town survey and land records stand in the name of the petition

mentioned waqf for more than about 75 years. The writ petitioners

therein have purposely failed to implead the waqf as a party in the writ

petition, since the revenue records including patta stands in the name of

the Mohammadiyar Pallivasal committee which is a registered waqf

under G.S.No.222/TNV and therefore, the writ petition itself is bad for

non joinder of necessary parties. The revenue records and proforma of

the waqf enlisted and petition mentioned land as the waqf property in the

proforma of the waqf.

8.The learned Senior Counsel would further submit that the

learned Writ Court failed to consider the proforma report qua the petition

mentioned waqf has categorically recorded that the petition mentioned

lands comprised in S.No.346/2C1 & 2C2 have been registered as waqf

property in accordance with village accounts and the Collector's order

dated 19.02.1926 and thus, there is no infirmity in the order impugned in

the writ petition in WP.(MD)No.1749 of 2024. Though the writ

petitioners' community claims right over the petition mentioned land to

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

an extent of 13 cents, they have not produced a single piece of paper to

establish their right over the said land. The proceedings of the District

Board, Tirunelveli datd 28.06.1955 vide resolution No.44 would clearly

show that the Government considered the petition mentioned land the

building situated there on as belonging to the President, Jamath

committee Sankarankovil and thus, fixed rent payable to the said

committee. The judgment relied upon by the learned Writ Court in Salem

Muslim Burial Ground Protection Committee v. State of Tamil Nadu and

ors (2023 LiveLaw (SC) 454) is not applicable to the facts and

circumstances of the case in hand. The learned Writ Court ought to have

seen that the petition mentioned land has been categorized as special

grant natham as ascertained by the concerned authorities and as such the

same ought to have been vested with the persons, which has been in

continuos possession and enjoyment and the same lies with waqf alone

and not for the private individuals as claimed by them.

9.Per contra, the learned counsel appearing for the respondents

would submit that the subject land belonged to the writ petitioners'

community and the same was granted to their community by a

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

proceedings in D.Dis.No.8238/2026 dated 04.10.1926 and in which the

land was entrusted to their community and all these years they were in

possession and enjoyment of the land. The Mohammedan Pallivasal

Committee filed a civil suit in the year 1911 and in which they claimed

that they are in possession and enjoyment of 14 cents of land in old S.No.

346/1 and later they claimed more extent of lands without any valid

document. The Mohammedan Pallivasal Committee did not produced

any document to show that the land claimed by them was validly either

allotted to them or originally they are having title over the property. The

District Collector relied upon a petition allegedly submitted by writ

petitioners' community people in the year 1942 erroneously confirmed

that the school was run by Mohammedan Pallivasal people, despite the

fact that the school was run by the Government for the benefit of the

general public. Proforma relied upon by the Pallivasal came to be passed

in the year 1956 and Waqf Act came into existence in the year 1954 as

per the decision of the Hon'ble Supreme Court in Salem Muslim Burial

Ground Protection Committee v. State of Tamil Nadu and ors (2023

LiveLaw (SC) 454) and also as per Waqf Act, conducting of surveys

before declaring of property as a waqf property is mandatory. There is no

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

infirmity in the order passed by the learned Writ Court and prays to

dismissal of the appeal.

10.The learned counsel appearing for the ninth respondent would

submit that the petitioner in WP(MD)No.1951 of 2024 Jamath is waqf as

notified under Section 6 of the Waqf Act, 1995. The petition mentioned

land has been enlisted as waqf property and proforma of the waqf which

was prepared in the year 1956. Therefore, only Waqf Tribunal constituted

under Section 83 of the Waqf Act has jurisdiction to entertain an

application for determination of any dispute, question or other matter

relating to a waqf under the said Act. Section 6 of the Waqf Act

mandates that if any question arises whether a particular property

specified as waqf property is waqf property or not, any person aggrieved

may institute a suit before Tribunal. Section 85 of the Act bars the

jurisdiction of any Court in respect of any dispute, question or other

matter relating to any waqf or waqf property and as such the writ

petitioner is not entitled to invoke the discretionary jurisdiction under

Article 226 of the Constitution of India.

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

11.We have considered the submissions made on either side and

perused the available records carefully.

12.It is seen from the records that the District Revenue Officer/

Chief Executive Officer, Tamil Nadu Waqf Board addressed a letter to

one Janaba. Nainaar Muhammed in R.C.No.13730/23/E3/CC dated

06.12.2023, wherein it has been stated that a certified copy of the

proforma report (GS.222/TNV) in respect of Jamath Pallivasal at

Sankarankovil is annexed as requested. From the typed-set of papers, the

proforma report, copy of the document is enclosed, the relevant portion

in the said proforma is extracted hereunder:-

PROFORMA REPORT

(An extract from Bound Register)

DISTRICT:THIRUNELVELI TALUK:SANKARANKOVIL

7.Object of the wakf and the

the conditions of grant :The mouque to said to have been

build by the muslims of

Sankarankovil about 80 years ago.

No documents are traceable for

this.

Object: for offering five times

prayers daily in congregation and

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

jumah prayer on Friday.

11.Date of issue of notice : 26.11.55

12.Date of receipt of reply : 27.02.56

13.Particulars of the wakf or

properties comprised in the

wakf & encumbrances : Sankarankovil-village

Patt

a

No.

or

T.D.

No.

Survey

No.

Classificat

ion

Exten

t A.C.

Asst.

R.A.P.

Quiet

rent

Value

Rs.

Title deeds

and

documents

(A)Sankarankovil panchayat limits

346/1Pallivasal

poramboku

0-14 - - 300

346/2c

1

“” 0-10 - - 300

346/2c

2

“” 0-3 - - 75

0.27 675

As per

Village

accounts

and

Collector's

D.Dis5242/

26 dated

19.7.26

Situate is the above SNO'S are the

mosque, houze well latrine, Arabic

Madrasa. Building rented out to

the Dist Board for a accomadating

a school, and 2 tea shop-all Within

one compound-The school building

as the 2 tea are situated in S.No.

346/2C1.

13.According to Muslim Jamath Executive Committee, the

ryotwari lands to the extents of 17 cents and 10 cents comprised in

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

S.Nos.226 & 227 respectively, belongs to their waqf. All the revenue

records including patta vide patta No.76, adangal and the town survey

register stands in the name of the petitioner Jamath. The pallivasal is

situated in the land in S.No.226. Further, there existing a building in the

land to an extent of 10 cents in S.No.227 (Old S.No.346/2C1) and the

same had been rented out for the running the Municipality Middle

School. Further, there had also been 2 tea shops within the said

compound and the same was rented till around 1972. It is their case that

since the said building became dilapidated, the said School was shifted

by the management to some other place. They have also filed for

building plan approval and the same was approved by the Commissioner,

Sankarankovil Municipality dated 22.05.2023. The petitioner has also

obtained permission from the Tamil Nadu Waqf Board to proceed with

the construction.

14.According to the writ petitioners in WP.(MD)No.1749 of 2024,

petition mentioned land belonged to their community and the same was

granted by a proceedings in D.Dis.8238/26 dated 04.10.1926 and in

which the land was entrusted to their community and all these years, they

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

were in possession and enjoyment of the land. It is also their case that

the Mohammedan Pallivasal Committee filed a civil suit in the year 1911

and in which they claimed that they are in possession and enjoyment of

14 cents of land in old S.No.346/1 and later they claimed more extent of

lands without any valid document.

15.It is seen from proforma report that the petition mentioned

property has categorically recorded that the land in S.No.346/2C1 and

2C2 have been registered as waqf property in accordance with the village

accounts and the Collector's order dated 19.02.1926. It is also seen from

the records that the proceedings of the District Board, Tirunelveli datd

28.06.1955 vide resolution No.44 would clearly show that the

Government considered the petition mentioned land the building situated

there on as belonging to the President, Jamath committee Sankarankovil

and thus, fixed rent payable to the said committee.

16.A perusal of the impugned order in the writ petition dated

20.11.2023 reveals that the District Collector has constituted a

committee comprising the RDO, Sankarankovil, the Assistant Director

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

(Land Survey), Tenkasi, the DSP, Sankarankovil, the Tahsildar,

Sankarankovil and the Municipal Commissioner. The committee was

headed by the District Revenue Officer. Before that committee, both side

representatives have participated in the meeting held on 06.11.2023. It is

also stated that previous records and documents were not available to

find out that when the property in S.No.346/2 was sub-divided and how

many pattas have been issued to the parties concerned for the period

from 1911 to 2003. It is also mentioned that either parties have not

submitted any document to establish their right in old S.No.346/2 to the

extent of 2 acres and 73 cents. Further perusal of the impugned order in

the writ petition clearly reveals that there is a serious dispute with regard

to the title over the property in question as early in the year from 1911

between two community people. It is pertinent to mention that the

possession and title over the property in dispute claimed by both the

parties cannot be adjudicated in a writ proceedings. It is not possible for

the Writ Court to go into the disputed question of facts alleged by the

private parties in this case. The District Collector mainly relied upon the

proforma report and the meeting conducted by the District Level

Committee, which was constituted by the District Collector.

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

17.In view of the above,this Court is of the view that when there

are serious factual dispute with regard to possession and title of the

immovable property in question, the District Collector (or) District Level

Committee constituted by the District Collector cannot adjudicate the

issues and the same can be adjudicated only before the appropriate

judicial forum. There is no infirmity in the order of the learned Writ

Court. It is made clear that the aggrieved parties can very well approach

the appropriate judicial forum, in the manner known to law.

18.In the result, the writ appeal in WA.(MD)No.2170 of 2024 is

dismissed and, the writ petition in WP.(MD)No.1951 of 2024 is disposed

of with the above observations. No costs. Consequently, connected

miscellaneous petitions are closed.

[N.S.K., J.] & [M.J.R., J.]

23.06.2026

NCC :Yes / No

Index :Yes / No

gns

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

To

1.The Revenue Divisional Officer,

Sankarankovil,

Thenkasi District.

2.The Assistant Director (Land Survey),

Thenkasi District,

Thenkasi.

3.The Thasildar,

Sankarankovil Taluk,

Thenkasi District.

4.The Commissioner,

Sankarankovil Municipality,

Thenkasi District.

5.The Deputy Superintendent of Police,

Sankarankovil,

Thenkasi District.

6.The District Collector,

O/o. The District Collector,

Thenkasi District,

Thenkasi.

7.The District Revenue Officer,

O/o.The District Revenue Officer,

Thenkasi District, Thenkasi.

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WA.(MD)No.2170 of 2024 & WP.(MD)No.1951 of 2024

N.SATHISH KUMAR ,J.

and

M.JOTHIRAMAN , J.

gns

Pre-Delivery Judgement made in

WA.(MD)No.2170 of 2024 &

WP.(MD)No.1951 of 2024

23.06.2026

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