M.A.JABBAR Vs. GOVERNMENT OF TAMIL NADU

JUDGEMENT

(1.) This writ petition has been filed challenging the order passed by the first respondent dismissing the revision petition filed by the petitioner.

(2.) According to the petitioner, the petitioner Jamath owns a property in Survey Nos.16, 18 and 155 of Kazanivasal village, Karaikudi taluk, Sivaganga District. This property was dedicated to the petitioner's institution. In the year 1826 one Kaddar Hussain Maniyakkarar has purchased the property for the purpose of using it as a burial ground for the Mohammedans and also using it as a place for offering prayers. From the date of purchase, the petitioner/Jamath Committee is using the land only for the said purpose. In order to improve the income of the mosque, shops were constructed in a portion of the property and the entire area was shielded by a compound wall. As early in the year 1904, a suit was filed before the District Munsif Court Sivagangai in O.S.No.44/1904, and in the said suit it was held that the above property belongs to the Wakf Board. After the promulgation of abolition laws, the suit property was classified as a "Mohammedan Burial Poromboke" and the second respondent has passed an order under Tamil Nadu Inam (Estates Abolition and conversion into Ryotwari) Act, 26 of 1963.

(3.) According to the petitioner, it is a wrong classification and the patta land belonging to the petitioner cannot be classified into a poromboke land. It is further stated that this Court in S.A.Nos.834 and 882 of 1968 dated 20.07.1971 has observed that the suit property is a Wakf Property and the Mohammedans are managing the same. In the above circumstances, the second respondent without considering the same has come to a conclusion that it is a Government Poromboke Land. The first respondent has also dismissed the revision without considering the materials in prosper perspective. As against the same, the present writ petition has been filed.