Authority: High Court of Judicature at Madras
Order Date: 03.08.2026
Case Overview
- Parties: Appellant – N. Jeyalakshmi, resident of Tirukkoilur, Kallakurichi District; Respondents – 1) Chief Executive Officer, Tamil Nadu Waqf Board, Chennai; 2) District Collector, Kallakurichi District.
- Nature of Proceeding: Intra‑court appeal (W.A.No.2126 of 2026) against the order dated 16.03.2026 passed by the learned Single Judge in W.P. No.39409 of 2024, which had dismissed the appellant’s writ petition.
- Background: The appellant claims continuous possession and enjoyment of 2.97 acres of agricultural land (Survey Nos.124/1 and 124/2, T. Keeranur Village, Thirukkoilur Taluk, Kallakurichi District) under a lease executed in 1945. The Tamil Nadu Waqf Board issued a communication on 16.03.2023 to the District Collector requesting protection of the land as Waqf property. The appellant challenged this communication through a writ petition.
- Lower Court Findings: The Single Judge held that the 16.03.2023 letter is an internal administrative communication, not a direct cause of action, and does not adjudicate civil rights. The appropriate forum for tenancy or ownership disputes is the civil court.
- Court’s Reasoning: The appellate bench affirmed that the letter does not constitute an enforceable legal order and cannot be the basis of a writ under Article 226. The core dispute—possession, lease‑hold rights, and title—remains a civil matter requiring evidence and adjudication in a competent civil forum. The appellant has already instituted civil proceedings (O.S.No.234 of 2023) and filed C.M.A.No.4 of 2025 for statutory remedy.
Final Outcome
- The appeal is dismissed and the order of the learned Single Judge is affirmed.
- No order as to costs.
- The appellant is free to pursue her civil remedies in O.S.No.234/2023 and C.M.A.No.4/2025 before the appropriate civil court.
Topics: Property Law, Waqf