High Court · 2025

W.P.No.37337 of 2024IN THE HIGH COURT OF JUDICATURE AT MADRASDATED: 09.01.2025CORAM:THE HONOURABLE MS.JUSTICE P.T.ASHAW.P.No.37337 of 2024W.M.P.No.40355 of 2024M/s.Sakthi Sugars Ltd.,Rep by its Vice PresidentSakthi Nagar – 638 315.Bhavani Taluk,Erode District...PetitionerVs1.The District Collector, Erode Collectorate Erode – 638 011. Erode District.2.The Tamil Nadu Wakf Board, Represented by its Chief Executive Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai – 600 001.3.The Sub Registrar, Kavundapadi SRO, Kavundapadi – 638 455. Erode District.1/9 https://www.mhc.tn.gov.in/judis W.P.No.37337 of 20244.The Revenue Tahsildar, Bhavani Taluk, Erode District...RespondentsPRAYER :- Writ Petition filed under Article 226 of the Constitution of India, pleased to issue Writ of Certiorarified Mandamus, Calling for the records relating to the impugned prohibitory order dated 21.02.2022 made in Rc. No.786/ 2022/ B2/ CBE passed by the 2nd respondent in respect of 6.91 acres in Rs. No.327 (Old SF. No.372( Appakudal Village Bhavani taluk Erode District) quash the same and consequently direct the 2nd respondent to issue NOC for the subject property by considering the petitioner's representations dated 02.12.2023 and 12.11.2024.For Petitioner: M/s.N.ManokaranFor Respondents: M/s.P.Harish Government Advocate (For R1, R3 & R4) M/s.V.Srimathi for R2.ORDERThe Writ Petition has been filed for the following relief:- Calling for the records relating to the impugned prohibitory order dated 21.02.2022 made in Rc. No.786/ 2022/ B2/ CBE passed by the 2nd respondent in respect of 6.91 acres in Rs. No.327 (Old SF. No.372( Appakudal Village Bhavani taluk Erode District) quash the same and consequently direct the 2nd respondent to issue NOC for the subject property by considering the petitioner's representations dated 02.12.2023 2/9 https://www.mhc.tn.gov.in/judis W.P.No.37337 of 2024and 12.11.2024.2.It is the case of the petitioner that the subject lands had been purchased by the petitioner through a registered sale deed dated 21.03.1966 from one Periyapalaniammal and Ramayeeammal who inturn obtained title over the entire 6.91 acres by a registered sale deed dated 19.11.1958. Out of this they had sold one acre to Haji Abdul Kareem Khan under a sale deed dated 13.05.1964 registered as document No.754/1964 and the remaining extent measuring 5.91 acres had been sold to the petitioner. Pursuant to the introduction of the Tamil Nadu Minor Inams (Abolition and Conversion into Ryotwari) Act 30 of 1963, the lands got vested with the Government as per the provisions of Section 3 of the Act (herein after called as the Act). Thereafter, the settlement Tahsildar – I, Gobichettipalayam commenced a suo-moto enquiry into the nature of the lands and the entitlement of a party to patta. The petitioner had filed an application in Form 4 to an extent of 5.91 acres and Kareem Budan Sahib with reference to the 1 acre purchased by him. Based on the suo-motu enquiry, the settlement Tahsildar issued notice to interested parties and the Form 5 application called for objections. After considering all the objections the settlement Tahsildar had issued Ryotwari patta in respect of the respective lands as per 3/9 https://www.mhc.tn.gov.in/judis W.P.No.37337 of 2024Section 8 (1) of the Act.3.The petitioner had also exercised rights as an absolute owner by offering the property as collateral for the loan borrowed by the petitioner from the Bank of India, Coimbatore Branch, by way of deposit of title deeds dated 28.04.2014. The patta however continue to be in the name of Saiyidmuhiudin Sahib and four others. Between 1967 and 2022 there was no impediment or disturbance to the petitioner's enjoyment of the property. While so, to his shock and dismay, the second respondent had issued the impugned order which is a letter dated 21.02.2022 to all the Sub Registrars stating that registrations in respect of the properties listed thereunder, should not be done without notice to the second respondent. The petitioner had sent a representation dated 02.12.2023 to the fourth respondent along with all the documents. The fourth respondent also conducted a field inspection and verified the revenue records and perused the documents filed by the petitioner and after being fully satisfied with the records, the fourth respondent had sent a recommendation dated 21.12.2023 to the second respondent to lift the prohibitory order. Meanwhile, the petitioner had also sent a representation dated 02.12.2023 to the second respondent to issue NOC. The Zonal Tahsildar had conducted a field inspection and submitted his 4/9 https://www.mhc.tn.gov.in/judis W.P.No.37337 of 2024report to the Superintendent of Wakf, Coimbatore, to remove the prohibitory order and issue NOC. However, no action has been taken in this regard and aggrieved by the impugned order dated 21.02.2022, the petitioner is before this Court. 4.Heard the learned counsels on either side and perused the records. The learned Government Advocate takes notice on behalf of respondents.5.The order of the settlement Tahsildar dated 19.08.1967 held that the persons who are listed in the schedule were entitled to Ryotwari patta. The petitioner herein and M/s.Kareem Budan Shahib were entitled to patta in respect of 6 acres and 91 cents in Survey No.372. Thereafter, it is seen that revenue records have all been mutated in the name of the petitioner. Petitioner has also exercised absolute rights as the owner of the property. The Revenue Tahsildar, Bhavani, had sent a communication dated 16.11.2023 to the Zonal Deputy, Bhavani and the Tahsildar Inspector of surveys, Bhavani leased out the properties that come under the Wakf Board. This communication does not reflect the property of the petitioner. Further by letter dated 21.12.2023. It made the following 5/9 https://www.mhc.tn.gov.in/judis W.P.No.37337 of 2024observation:-vdnt. nkw;go gthdp tl;lk;. Mg;gf;Tly; fpuhkj;jpy; tf;g; thhpa epykhf bjhptpf;fg;gl;Ls;s f/r/vz;/372 g[ykhdJ. ,dhk; xHpg;g[ g{kp vd;gjhYk;. ,dhk; xHpg;g[ rl;lj;jpw;F gpwF epy cilikjhuh;fSf;F gl;lh tH';fg;gl;L. jw;nghJ fpiua tifapy; rf;jp Rfh;!; fl;Lg;ghl;oy; ,Ue;J tUfpwF vd;gjhYk;. hP/r 327 K!;yPk; tf;g; thhpa brhj;Jf;fshf vt;tpj gad;ghl;oYk; ,y;iy vd;gjhYk;. nkw;go Mg;gf;Tly; fpuhkk; hP/r 327 f/r/vz;/372 g[yj;jpw;F tf;g; thhpa brhj;Jf;fshf tpjpf;fg;gl;l jilahizia tpyf;fp cj;jutplyhk; vd;gij gzpt[ld; bjhptpj;Jf;bfhs;fpnwd;/6.That apart, the Superintendent of Wakf Board, Coimbatore, had addressed a communication dated 21.02.2022 to the Chief Executive Officer, Waqfs, Coimbatore stated as follows:- vdnt. ,e;neh;tpy; nfhgpbrl;oghisak; brl;oy;bkd;l jhrpy;jhh; <nuhL khtl;lk;. gthdp tl;lk;. Mg;gf;Tly; fpuhkk;. hP/r 327 w;F giHa g[y vz;/372 y; cs;s Vf;fh; 6/91 w;F muR tpjpKiwfspd;go uaj;Jthhpahf khw;wk; bra;J cj;jputpl;Ls;sjhy; ,tw;wpd; nghpy; jl';fs; ePf;fk; kw;Wk; jilapd;ik rhd;W tH';FtJ bjhlh;ghf nkw;fz;l tphpthd tpgu';fs; mwpf;ifahf rkh;g;gpf;fg;gLfpwJ/ nkYk; ,J bjhlh;ghf bgwg;gl;l Mtz';fs; eltof;iff;fhf ,j;Jld; ,izj;jDg;gg;gLfpwJ vd;gija[k; bjhptpj;Jf;bfhs;fpnwd;/7.Therefore, from the above order of settlement Tahsildar and the 6/9 https://www.mhc.tn.gov.in/judis W.P.No.37337 of 2024various communication it is clearly evident that the property in question does not belong to the Wakf Board and the same has also been confirmed by the Superintendent of Wakf in his communication dated 21.02.2022. Therefore, there is no impediment for the registration of the document. Therefore, the impugned notification is totally misconceived and therefore set aside. In so far as it relates to the subject property and there is no necessity therefore for the petitioner to get no objections from the Wakf Board. 8.Accordingly, the Writ Petition is allowed. No costs. Consequently, connected miscellaneous petition is closed.09.01.2025Index: Yes/NoInternet: Yes/NoSpeaking Order/Non Speaking Orderep7/9 https://www.mhc.tn.gov.in/judis W.P.No.37337 of 2024P.T.ASHA , J, ep To1.The District Collector, Erode Collectorate Erode – 638 011. Erode District.2.The Tamil Nadu Wakf Board, Represented by its Chief Executive Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai – 600 001.3.The Sub Registrar, Kavundapadi SRO, Kavundapadi – 638 455. Erode District.4.The Revenue Tahsildar, Bhavani Taluk, Erode DistrictW.P.No.37337 of 2024W.M.P.No.40355 of 20248/9