In a significant ruling on the administration of religious properties, the Madras High Court has held that the mere existence of a dargah does not automatically make the land on which it stands a waqf property. The judgment came while setting aside an order of the Tamil Nadu Waqf Board relating to a centuries-old dargah in Chennai’s Triplicane area.

Justice K. Govindarajan Thilakavadi observed that the Waqf Board cannot assume authority over a religious institution solely because it is associated with the Muslim faith. The court stressed that legal procedures prescribed under the Waqf Act must be followed before any property can be classified as waqf.

Dispute Over Historic Triplicane Dargah

The case concerned the Sarkar Syed Habibullah Sha Khadari Arif Rabbani Hazarath Dargah, a shrine believed to be around 240 years old. The dispute arose after the Tamil Nadu Waqf Board appointed a Mutawalli (caretaker) for the institution, treating it as a waqf property.

The dargah’s representative challenged the Board’s decision, arguing that the land had never been legally declared waqf property and that his family had been maintaining the shrine for decades. It was also contended that the land belonged to a government department and not to the Waqf Board.

Court Emphasises Due Process

The High Court noted that a property can be treated as waqf only after fulfilling statutory requirements such as surveys, registration and official notification under the Waqf Act. The court observed that the existence of a tomb, grave or shrine alone is insufficient to establish waqf status.

Justice Thilakavadi stated that the Board must first establish jurisdictional facts before exercising administrative control or appointing a Mutawalli. The ruling reinforces the principle that legal status must be determined through due process rather than assumptions based on religious use.

Wider Implications for Waqf Property Disputes

Legal experts believe the judgment could have broader implications for disputes involving waqf properties across India. By drawing a clear distinction between a religious institution and a legally recognised waqf, the ruling may lead to greater scrutiny of future claims made by waqf authorities.

The decision also highlights the importance of adhering to statutory procedures while balancing the rights of religious institutions and property owners. Observers say the verdict could serve as an important precedent in cases where the ownership or legal status of religious properties is contested.

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