A property cannot be declared a Waqf without mandatory statutory survey and gazette notification. The Board cannot assume jurisdiction over a property simply by its religious usage; there must be clear proof of permanent dedication as per the governing legislation.

JUDGMENT :

K.Govindarajan Thilakavadi, J.

1.The present appeal is preferred under Section 83 (9) of the Waqf Act, 1995 (as amended by the Waqf Amendment Act, 2025), challenging the final order dated 13.06.2025 passed by the Tamil Nadu Waqf Tribunal in O.A.No.83 of 2023.

2.The subject matter concerns a Dargah known as ''Sarkar Syed Habibullah Sha Khadari Arif Rabbani Hazarath Dargah'' situated at No.2 Kamaraj road, Triplicane, Chennai. According to the appellant, the said Dargah is 240 years old and maintained by the family members of the appellant on their own earnings and that the appellant was serving as the Mutawalli of the said Dargah for the past 40 years on hereditary basis. The land in which the said Dargah is situated belongs to the 4^th respondent / Public Works Department and the same is not the property of the Waqf. The appellant has obtained electricity connection in his name as Mutawalli of the said Dargah, by obtaining NOC from the 4^th respondent on 02.12.2021. While so, the 1^st respondent/The Tamil Nadu Waqf Board has appointed the 5^th respondent as Mutawalli of the said Dargah without any authority and declared the property in which the Dargah is situate as Waqf property. It is further submitted that the land belongs to the Public Works Department and that the 1^st respondent has no authority to appoint the 5^th respondent as Muttawalli of the said Dargha, and erred in declaring the property as Waqf property, without following the guidelines of the Hon'ble Supreme Court before declaring the property as Waqf property. The 1^st respondent failed to follow the procedure of removal of the applicant Muttawalli as envisaged under Section 64 of the Waqf Act. Hence, the appellant preferred an application under Section 83(1) & (2) of the Waqf Act, 1995 before the Tribunal seeking the following reliefs:

(i) to declare that the resolution passed by the 1^st respondent in No. 196/23 Na.Ka.No.11453/23/B6/Chennai dated 23.08.2023 and the consequential order passed by the 2^nd respondent vide proceedings Se.Mu.Order .11453/23/B6/Chennai dated 14.09.2023 as null and void

(ii) permanent injunction against the respondents 1 to 3 and 5 not to disturb the appellant serving at Sarkar Syed Habibullah Sha Khadari Arif Rabbani Hazarat Dargha.

3.The respondents 1 to 3 would submit that, the land in which the said Dargha is situated do not belong to the Public Works Department. The said land and the surrounding lands belong to the Dargha, which at later point of time came into the possession of the Municipality as per G.O.No.1796. Thereafter, it was handed over to the Public Works Department and now in the possession of Scouts. The appellant appeared before the Board and clearly admitted that he do not belong to the Dargha family and therefore, he is estopped from claiming to be the Muttawalli of the said Dargha. The registration of the Dargha as per Section 36(4) of the Waqf Act, 1995 is under process. The 5^th respondent was appointed as Muttawalli based on proper enquiry. It is further stated that, the surrounding lands of the Dargha was originally used as burial ground and it was transferred to the Municipality and thereafter to the Public Works Department. It is further submitted that once a property is intended for religious and charitable purpose then it is a Waqf property and comes under the supervisory control of the Tamil Nadu Waqf Board. The appellant has no right to claim hereditary Mutawalliship. Hence, prayed for dismissal