The Madras High Court has ruled that the mere presence of a dargah on a piece of land does not automatically make it a Waqf property or bring it under the control of the Tamil Nadu Waqf Board.
The case relates to the Sarkar Syed Habeebullah Shah Qadari Arif Rabbani Hazarath Dargah in Triplicane, Chennai. The dargah side had challenged the Waqf Board’s resolution appointing a muthavalli, and also the direction to register the dargah under the Waqf Act, before the Tamil Nadu Waqf Tribunal.
The tribunal dismissed the petition, following which the dargah administrators filed an appeal before the High Court. The matter was heard by Justice Thilagavathi.
After hearing both sides, the court said a lawful survey is essential before declaring any property as Waqf. Noting that there was no proof that the property had been included in the Waqf list or published in the gazette, the court set aside the Waqf Board’s orders.
The judge further observed that unless an institution is legally established or recognised as Waqf, the Waqf Board cannot claim authority over it merely because a dargah exists, adding that every grave or dargah does not become Waqf property by default.
