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2024 DIGILAW 2376 (MAD)

S. Samidurai v. District Collector, Tenkasi District, Tenkasi

2024-10-16

G.R.SWAMINATHAN

body2024
ORDER : G.R. SWAMINATHAN, J. Heard both sides. 2. In this writ petition, the cause of the persons belonging to Scheduled Caste community living in Gandhi Nagar area in Sankarankovil Town is espoused. The right asserted by the SC (pallar) community on T.S No.227 is contested by the local jamaat. The District Collector constituted a committee comprising the RDO, Sankarankovil, the Assistant Director (Land Survey), Tenkasi, the DSP, Sankarankovil, the Tahsildar, Sankarankovil and the Municipal Commissioner. The committee was headed by the District Revenue Officer. The committee enquired both the parties and went through the documents in the meeting held on 06.11.2023. The committee noted that the claims of both the parties are not backed by documentary evidence. But as per the proforma report dated 11.02.1968 on the file of the Wakf Board, 27 cents of land in Old Survey No.346 corresponding to T.S No.227 is a wakf property. In view of the same, the District Collector, Tenkasi issued the impugned memorandum dated 20.11.2023 stating that the District Level committee had decided that the present position maintained in the revenue records as well as Town Survey register in respect of T.S No.226 and T.S No.227 will continue. Challenging this memorandum, the present writ petition has been filed. 3. When the matte was listed for admission on 30.01.2024, a learned Judge of this Court ordered notice and directed that status quo shall be maintained. To vacate the same, WMP(MD)No.3492 of 2024 was filed by respondents 7 to 9. 4. The learned Senior Counsel appearing for the private respondents reiterated all the contentions set out in their counter affidavit and also took me through the materials enclosed in the typed set filed by them. He questioned the very maintainability of the writ petition. According to him, the issue can be decided only by the Wakf Tribunal. He pointed out that there is a pallivasal occupying 14 cents of land. The adjacent 13 cents of land has also been in possession of the local jamaat. An elementary school was being run in the building owned by the jamaat. The local body was paying rent to the jamaat. Copy of the proceedings dated 28.06.1955 on the file of the District Board has been enclosed. Considerable reliance was also placed on the proforma report indicating that 27 cents of land in the subject survey number is a wakf property. The local body was paying rent to the jamaat. Copy of the proceedings dated 28.06.1955 on the file of the District Board has been enclosed. Considerable reliance was also placed on the proforma report indicating that 27 cents of land in the subject survey number is a wakf property. The learned Senior Counsel called upon this Court to dismiss the writ petition. 5. I carefully considered the rival contentions. It is not in dispute that the Old Survey Number is 346. According to the proforma report, the relevant details are as follows : (A) Sankarankovil panchayat limits Extent A.C 346/1 pallivasal poramboku 0-14 346/2c1 0-10 346/2c2 0-3 0.27 The proforma report reads that the original wakf deed/title deed and patta number is as per village accounts. I directed the official respondents to produce the re-survey and re-settlement register. It is seen therefrom that Old Survey No.346/1 measuring 14 cents alone is in the name of the mosque. S.Nos.346/2 to 346/6 have been categorized as special grant natham/village site. The SC community of Gandhi Nagar, Sankarankovil do not seriously contest the claim of the muslim community over 14 cents of land in Old Survey No.346. In the impugned proceedings also, it is conceded that it is not known as to when Old S No.346 was sub-divided into 346/1, 2C and 2C2. The District Collector notes that the muslim jamaat committee has not furnished any patta therefor. The authorities are unable to confirm the extent of land assigned in favor of the muslim community. 6. When the land comprised in S.No.346/2 to 346/6 bore the character of natham/village site, it could not have metamorphosed magically as a wakf property. The proforma report heavily relied on by the jamaat cites village accounts as the source of title. Actually, the village accounts support the stand of jamaat only over 14 cents in the said survey number. It is not known as to how 27 cents of land in Old S No.346 came to be reflected in the revenue record as belonging to the jamaat. The S.C community of Gandhi Nagar, Sankarankovil have been asserting their claim over the remaining extent for over a century. The provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act provide for protection of the rights of the members of the Scheduled Caste in using common property resources of an area. 7. The S.C community of Gandhi Nagar, Sankarankovil have been asserting their claim over the remaining extent for over a century. The provisions of the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act provide for protection of the rights of the members of the Scheduled Caste in using common property resources of an area. 7. In these circumstances, when a serious dispute has arisen with regard to property rights between the SC community and the Muslim community, it should be adjudicated in the manner known to law. The Hon'ble Supreme Court in Salem Muslim Burial Ground Protection Committee v. State of Tamil Nadu and ors (2023 LiveLaw (SC) 454) held that conducting of surveys before declaring of property as a wakf property is mandatory. There is nothing on record to show that such survey was conducted in this case. The District Collector, Tenkasi has mechanically gone by the proforma report. In any event, such serious disputes between two communities cannot be adjudicated by administrative committees appointed by the District Collector. Constitution of such committees has no statutory backing. It is well settled that when there are factual disputes in the matter of title, the executive authority should relegate the parties to go for judicial adjudication. In the absence of base documents, the authorities could not have arrived at any conclusion in support of the status quo. Such an approach is patently unsustainable. The property has been classified as natham area. The parties should therefore seek natham patta. So long as natham patta has not been issued, it is not open to the District Administration to endorse the stand of one party. 8. In this view of the matter, the impugned memorandum is set aside. The writ petition is allowed. No costs. Connected miscellaneous petition is closed.