Not every Muslim religious institution is waqf property: Madras High Court

In a significant ruling, the Madras High Court has held that the existence of a dargah or Muslim religious institution does not automatically make it a waqf property, and that the Waqf Board cannot assume jurisdiction without first establishing the property's legal status under the Waqf Act.

The court set aside a resolution passed by the Tamil Nadu Waqf Board declaring a 240-year-old dargah in Chennai's Triplicane locality as waqf property.

It held that the Board lacked the jurisdiction to exercise control over the institution without following the statutory procedure prescribed by law.

While reading the verdict, Justice K Govindarajan Thilakavadi said, ""Mere existence of a dargah does not automatically confer jurisdiction upon the Board unless the institution is established or treated as a waqf in accordance with law."

The judge emphasised that the Board cannot extend its authority merely because a religious structure or shrine exists on a property.

He further underlined that the "Board must first establish jurisdictional facts before exercising control over the institution."

The dispute arose after the Tamil Nadu Waqf Board passed a resolution declaring the historic Triplicane dargah a waqf property.

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