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2023 Supreme(Online)(MAD) 10993

HIGH COURT OF MADRAS
Hon`ble Mr Justice V. LAKSHMINARAYANAN
SHEIK FAREED – Appellant
Versus
THE COMMANDANT – Respondent


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 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

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