Institute of Legal and Management Studies

In the petitions challenging the Waqf( Amendment) Act 2025, a native of a Tamil Nadu village, which is being entirely claimed as a Waqf property, has filed an intervention application in the Supreme Court supporting the Waqf (Amendment) Act 2025.

The application has been filed by one Sreeman Chandrasekar, a native of the village Thiruchendurai in Tamil Nadu, claiming that the entire village of Thiruchendurai, which is more than 300 acres, is being claimed by the Tamil Nadu Waqf Board as its property. The intervention application has been filed in the writ petition filed by Jamiat leader Maulana Arshad Madani, who is challenging the Act.

It is said in the application that the famous Chandrasekara Swamy Temple is also being claimed by the Waqf Board as its property, despite the fact that the temple is about 1500 years old, whereas Islam as a practice and religion is only 1400 years old.

"The applicant has his land in village in Thiruchendurai and Waqf Board Claims entire village as its own property thus affecting applicant which has consequently prompted the applicant to approach this Hon'ble Court by way of the present intervention application. It is one of most shocking cases of waqf where entire village land of Thiruchendurai is claimed by Tamil Nadu Waqf Board as its own property. Applicant herein is a Psephologist, political historian, author and Television Panelist. The applicant is known for his contribution in social issues."

It is stated in the application that applicant's father belonged to the village in the Trichy District in 1936 and is one of the oldest persons living in the village. In September 2022, to the applicant's utter shock and to the dismay of several families in the village, they got to know that the entire village, which includes 5 temples, was claimed as waqf property.

Reportedly, this revelation came to light when a local farmer from the applicant's village had gone to sell his land to perform the wedding of his daughter. However, the Sub Register officer asked the concerned person to get a No Objection Certificate from the Waqf Board in order to sell the land.

"It is further submitted that all the owners of their properties have Encumbrance Certificates starting from year 1950. In fact, the land and house which is registered in applicant's mother's name was bought from a Retired High Court Judge in year 1917 and thereafter it was constructed. This is the same scenario of several properties in applicant's village."

Further, it has been pointed out that when the villagers raised concerns before the State Waqf Board, the Waqf officials gave flimsy reasons such as "once a waqf, always a waqf".

"Shockingly, the Sub- Register office allowed the registration of the sale of claimed lands of the Waqf Board which clearly points out the inherent flaw and misuse of “Waqf by User” provision i.e. Section 3(r)(i) of Waqf Act 1995. Thousands of people living in the village including the applicant are living in fear not knowing what the future holds for them. Applicant's concern herein is that despite having all documentary evidence of properties, applicant and several villagers are not able to enjoy the property rights however the Waqf Board without any documentary evidence, continues to possess rights on properties which per se doesn't belong to them."

A bench led by CJI BR Gavai will hear the petitions challenging the Waqf Amendment Act tomorrow.

The intervention application has been filed through AoR Rahul Shyam Bhandari, and drafted by AoR Rahul Shyam Bhandari and G Priyadharshi, Advocates