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BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
HONOURABLE MR. JUSTICE K.KUMARESH BABU
A. Abu Thaheer – Appellant
Versus
Tamil Nadu Waqf Board – Respondent
| Table of Content |
|---|
| 1. burial ground's public use established. (Para 1 , 3 , 4) |
| 2. right to burial in public grounds transcends jamath boundaries. (Para 2) |
| 3. procedural argument on natural justice violations. (Para 5 , 6 , 7 , 9) |
| 4. procedural fairness and inclusion of necessary parties are essential. (Para 8) |
| 5. implied dedication of public burial grounds. (Para 10 , 11) |
| 6. court's affirmation of public burial status. (Para 12 , 13 , 14 , 15) |
| 7. dismissal of writ petition without costs. (Para 16 , 17) |
ORDER :
1. The challenge in the writ petition is to an order made by the first respondent calling upon the petitioner not to refuse permission for burial as the burial ground is public in nature and also not to refuse the grant of death certificate.
2. Heard Mr.M.Mahaboob Athiff, learned counsel for the petitioner, Mr.S.A.Ajmal Khan, learned counsel for the respondents 1 and 2 and Mr.S.Anwar Sameem, learned counsel for the respondents 3 and 4.
3. The learned counsel appearing on behalf of the petitioner would submit that the petitioner Waqf is a notified Waqf under Section 6 of the Waqf Act, 1995. Originally, the Waqfs comprised of a Mosque. After the formation of the Waqf, properties were purc
A burial ground traditionally used by the public cannot be claimed as private; refusal to permit burials by other Jamaths contravenes public accessibility principles.
Every muslim is entitled to get a decent burial according to civil rights and graveyard under supervision of 1st defendant is a public graveyard, any muslim or any member of 1st defendant has a right....
The judgment clarifies burial rights in public graveyards for Muslims, regardless of sectarian differences, while limiting the Wakf Tribunal's authority over burial practices.
The court established that a Waqf must have a public or charitable dedication to be classified as composite; otherwise, it remains a private Waqf, confirming the hereditary nature of the Muthawalli o....
Writ petition closed upon parties' agreement for burials with No Objection Certificate.
The court ruled that a property designated as waqf must demonstrate clear evidence of public dedication; otherwise, it remains private.
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