C.R.P. No.4697 of 2023

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 14.08.2023

CORAM :

THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN

C.R.P. No.4697 of 2017

and

C.M.P.No.22096 of 2017

and

C.M.P.No.8016 of 2023

Mr. Sheik Fareed

.. Petitioner

vs.

1. The Commandant,

Officers Training Academy,

St. Thomas Mount,

Chennai – 600 016.

2. The Defence Estate Officer,

Madras Circle,

No.306, Anna Salai,

Teynampet,

Chennai – 600 018.

3. The Station Commander,

Fort St. George,

Chennai – 600 009

..Respondents

Petition filed under Article 227 of the Constitution of India,

praying to set aside the Judgement and Decree dated 16.03.2017 passed

by the Principal Subordinate Judge, Chengalpattu, in Wakf O.P.No.1 of

2015.

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C.R.P. No.4697 of 2023

For Petitioner

:

Mr. A. Ilaya Perumal

For Respondents

:

Mr.K.S.Jeyaganeshan

(For R1 to R3)

ORDER

The plaintiff in Wakf O.P.No.1 of 2015, on the file of the Principal

Subordinate Judge, Chengalpattu, is the Civil Revision Petitioner.

2. There exists a Dargah in the name of M/s.Hazarath Syed Sha Ali

Masthan Chaman Sha Ali Zindhey Masthan Madarsha-e-Sha Ali

Masthan Wakf. According to the civil revision petitioner, this is a

surveyed and notified Wakf. The Dargah is situated within the St.Thomas

Mount Cantonment. The Dargah bears GLR No.339 (B-3 Defence Land)

and GLR No.336 (A-1 Defence Land).

3. This Dargah is a famous one. It has been in existence for

several decades, records show that it has been in existence even before

this country attained independence. It is situated on the busy G.S.T Road.

It is surrounded by the Government property on the southern and all the

three sides by A1(defence land). The only access to the Dargah is

through a pathway from the G.S.T Road. The Dargah is situated over an

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C.R.P. No.4697 of 2023

extent of 524 sq ft. The cause of action for the suit was that the plaintiff

claimed it is entitled to an order of injunction to an extent of 6 grounds

and 801 sq ft.

4. The Government of India, the Commandant, Officers' Training

Academy and Defence Estate Officer, Teynampet, took a stand that

insofar as the lands are concerned, it belongs to the first respondent / the

Commandant, Officer Training Academy, St. Thomas Mount, Chennai –

600 016. The defence authorities had taken a stand that, as early as on

1936, the Dargah would be maintained as it is. It was stated that it had

been so protected in order to give access to the members of the Defence

forces of Islamic Persuasion.

5. Taking note of this stand, the learned Wakf Tribunal dismissed

the suit. Against which the present revision has been filed.

6. When the revision came up for the final disposal, I requested

Mr.K.S.Jeyaganeshan, learned counsel for the respondents to verify from

his clients, whether they would be agreeable to protect the Dargah as it

stands today and also to grant ingress and egress from the G.S.T Road for

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C.R.P. No.4697 of 2023

those, who come to worship or offer prayers at the Dargah.

7. On instructions, Mr. K.S.Jeyaganeshan, learned counsel for the

respondents has filed a memo together with a plan.

8. As per the memo and the plan, the stand of the respondents is

that the orange marked area, which is the Dargah situated in Survey GLR

No.339 (B-3 Defence Land) will not be disturbed.

The

respondents/defendants are also agreeable to give access to the members

of the public to visit the Dargah from the G.S.T. Road. The defendants

state that apart from Dargah, which is situated in Survey GLR No.339

(B-3 Defence Land), the remaining portion is a B3 land belonging to the

Government of India. The defendants are very clear in so far as the

remaining area marked yellow in the plan in its entirety as A1 (Defence

Land).

9. The suit for Permanent Injunction cannot be maintained as