SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2015 Supreme(Mad) 3466

IN THE HIGH COURT OF MADRAS (MADURAI BENCH)
R. Subbiah, J.
Madurai Yagappanagar Muslim Jamaat – Appellant
Vs.
Sub-Registrar, Theppakulam and Others – Respondents
W.P. (MD) No. 10408 of 2015 & M.P. (MD) No. 1 of 2015
Decided On : 16-10-2015

Advocates Appeared:
For the Appellant :M. Bayas, Advocate.
For the Respondent:K. Magesh Raja, GA and K. Senthil, Advocate.

Headnote:Wakf Act, 1995 Sections 3(r) and 51 Societies Registration Act, 1908 - The property in dispute that has been sold is referred as the grave yard property by the waqf board thus the permission for the sale of the same to be effective has to be granted by the board – Hence ordered to bring a no objection certificate from the board and then go further – even if the society is a registered one still it has to bring the same NOC from the waqf and then any issue to the property can be considered.

ORDER :

1. This writ petition has been filed challenging the communication dated 09.06.2015 issued by the 1st respondent (Sub-Registrar, Theppakulam) directing the petitioner to produce No Objection Certificate from the Wakf Board for registration of the Sale Deed executed by the petitioner. The case of the petitioner, in brief, is as follows:-

1.1. The petitioner is the Society viz. Madurai Yagappanagar Muslim Jamaat Noorul Hudha Jumma Pallivasal Society, registered under the Societies Registration Act. The petitioner-Society was formed on 11.5.2007. The main object of the petitioner-Society is to look-after the welfare of the Muslim Community in and around Yagappa Nagar, Madurai. During the year 2009, the petitioner-Society had purchased a land comprised in UDR S. No. 98/3 measuring to an extent of 3723 sq. ft. situated at Vandiyoor II Bit Village, in Resurvey No. 246/3A, comprised in Patta No. 377, from one Sethuraman, S/o. Nagupillai and others on 15.07.2009 vide Document No. 2230 on the file of the Sub-Registrar, Theppakulam, Madurai for the purpose of using the said land as a grave yard. Originally the said area was an isolated area and no one was residing in the said area at the time of purchase of the said land. But, later on, since the said area was well developed, it has become a residential one; as such, the very purpose of purchase of the land as a grave yard could not be achieved. Hence, in order to avoid unnecessary controversies and also to promote communal harmony in the said area, the Petitioner-Society decided to dispose of the said property, by selling the same to third parties. Further, with the amount so derived by such sale of the said property, it has been decided by the petitioner-Society to invest the said amount for the extension of the existing Society/Pallivasal, by purchasing the very adjacent property. Hence, within a week, the property meant for the grave yard was disposed and simultaneously adjacent property to the Society/Pallivasal was also purchased vide Document No. 3006 of 2012 on 05.09.2012, registered on the file of Sub-Registrar, Thallakulam for valuable consideration. Thus, the grave yard property, which was standing in the name of Petitioner/Society/Pallivasal, by way of a resolution passed on 5.9.2012 in the Executive Committee Meeting of the Pallivasal, was sold to one Seeni Hussain Kani for valuable consideration. It is pertinent to mention that the said property is not at all the property of WAKF Board and the said property was purchased by the petitioner/Pallivasal from a person belonging to Hindu Religion namely Sethuraman S/o. Nagupillai. Further, the petitioner/Society/Pallivasal is an independent body and the same is individually registered as a Society under the Societies Registration Act 1908. In view of the above facts, the Wakf Board is in no way connected with the affairs of the petitioner/Society/Pallivasal. Further, the petitioner/Pallivasal is not at all registered with the Wakf Board; hence, there is no interference by the Wakf Board in the affairs of the petitioner/Pallivasal.

1.2. When that being the position, the Superintendent of the Wakf Board/3rd respondent herein, without any right whatsoever, interfered with the sale of the grave yard property and he filed his objections before the Sub-Registrar, Theppakulam on 26.2.2013, stating that the property in question is under enquiry by the Wakf Board and as such, the registration of the said property, more fully the sale of the said property by the petitioner/Pallivasal/Society, has to be kept in abeyance. It was also informed in the said communication/objection of the 3rd respondent that the petitioner/Palivasal/Society had to approach the Tamil Nadu Wakf Board at Chennai seeking for a No Objection for registration of the sale deed in respect of the grave yard property in favour of the said Seeni Hussain Kani.

1.3. Based on the said communication/objection of Superintendent of Wakf Board, the registration process of the

























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top