JAGIR AMMAPALAYAM WAKF AND CHETTYCHAVADI WAKF AT SALEM REP BY ITS HEREDITARY SADAR SAJADA NASHEEN Vs. STATE OF TAMILNADU REP BYSECRETARY TO GOVERNMENT REVENUE DEPARTMENT

JUDGEMENT

(1.) HEARD the learned counsel appearing for the petitioner and the learned counsels appearing for the respondents.

(2.) IT has been stated that the petitioner had been appointed as a joint Muthawalli of Jagir Ammapalayam and Chettichavadi Wakf, by the proceedings of the Tamil Nadu Wakf Board, dated 28.5.2003.

(3.) PURSUANT to the said direction, the third respondent had issued the proceedings, in Rc.No.(Wakf)7990/06, dated 27.7.2009. In the said proceedings, the third respondent had stated that the Wakf Act, 1995, has been enacted to provide for the better administration of wakfs and for matters connected therewith or incidental thereto. From a reading of Sections 4, 5 and 6 of the Wakf Act, 1995, it is clear that the Survey Commissioner has to prepare the list of wakfs, with the details of its properties, for better administration for such wakfs. However, the ownership of the properties concerned has to be proved only by the respective wakfs, represented by its muthawallis. It had also been stated that the Wakf Act, 1995, does not provide for the determination of the ownership of the disputed properties.