N.Jeyalakshmi v. The Chief Executive Officer

JUDGMENT (Delivered by the Hon'ble Chief Justice) This intra-court appeal challenges the order dated 16.03.2026 passed by the learned Single Judge in W.P.No.39409 of 2024, whereby the learned Single Judge dismissed the writ petition filed by the appellant herein seeking to quash the proceedings dated

16.03.2023 issued by the first respondent to the second respondent.

¶2The appellant asserts that her family has been in continuous possession and enjoyment of agricultural land measuring 2.97 acres in Survey Nos.124/1 and 124/2, situated at T.Keeranur Village, Thirukkoilur Taluk, Kallakurichi District, as cultivating tenants dating back to a lease executed in 1945. Disputes arose regarding the nature and title of the property, leading to proceedings under the Code of Criminal Procedure and subsequent civil litigation before the civil court.

¶3The grievance of the appellant stems from a communication dated 16.03.2023 sent by the Chief Executive Officer of the Tamil Nadu Waqf Board to the District Collector, Kallakurichi, requesting the revenue administration to protect the land in question as Waqf property free from encroachment. The appellant challenged this communication by filing the writ petition.

¶4The learned Single Judge, upon examining the records, concluded that the impugned letter dated 16.03.2023 is merely an administrative inter-departmental communication between the Waqf Board and the District Collector requesting protection of property and such an internal communication creates no direct cause of action in favor of the appellant, nor does it adjudicate civil rights. It was further held that if the appellant claims tenancy or independent civil rights over the property, the appropriate forum is the competent civil court.

¶5Having heard the learned counsel on either side and perused the material documents placed on record, we find no error or illegality in the view taken by the learned Single Judge.

¶6The letter dated 16.03.2023 is plainly an internal administrative communication addressed by the Waqf Board to the District Collector requesting the preservation and protection of property alleged to belong to the Board. It does not constitute an enforceable legal order against the appellant, nor does it settle property title or tenancy rights. An internal administrative exchange between government entities cannot form the basis of a writ challenge under Article 226 of the Constitution of India.

¶7The core of the dispute revolves around possession, leasehold rights and property ownership, which issues are purely civil in nature and require appreciation of oral and documentary evidence. The record discloses that the appellant had instituted civil proceedings in O.S.No.234 of 2023 before the District Munsif Court, Thirukoilur. Consequent to the orders passed in the suit and related interim proceedings, the appellant has already invoked her statutory remedy by preferring C.M.A.No.4 of 2025. It is for the appellant to pursue her claims, establish her legal possession and seek appropriate protective or injunctive remedies in C.M.A.No. 4 of 2025. Invoking the extraordinary writ jurisdiction to bypass established civil dispute machinery or to challenge internal administrative letters is unsustainable. For the aforegiven reasons, the writ appeal is dismissed, and the order passed by the learned Single Judge is affirmed. We make it clear that the dismissal of this appeal will not preclude the appellant from pursuing and prosecuting her remedies in C.M.A. No.4 of 2025 or before any competent civil forum in accordance with the law. There shall be no order as to costs. Consequently, connected interim application stands closed. (SUSHRUT ARVIND DHARMADHIKARI, CJ) (G.ARUL MURUGAN,J)

03.08.2026 Index : : sasi To:

¶1The Chief Executive Officer Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

¶2The District Collector Collectorate Office, Kallakurichi District. THE HON'BLE CHIEF JUSTICE AND G.ARUL MURUGAN,

J.

(sasi)

03.08.2026

IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 03.08.2026 CORAM : THE HONOURABLE MR. SUSHRUT ARVIND DHARMADHIKARI, CHIEF JUSTICE AND THE HONOURABLE MR.JUSTICE G.ARUL MURUGAN and C.M.P.No.18435 of 2026 N.Jeyalakshmi W/o.Late.Selvaraj, No.191, Anjaneyar Koil Street, NGGO Nagar, Tirukkoilur, Kallakurichi District - 605 757. Appellant(s) Vs 1. The Chief Executive Officer Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001. 2. The District Collector Collectorate Office, Kallakurichi District. Respondent(s) PRAYER: Appeal filed under Clause 15 of the Letters Patent to set aside the order dated 16.03.2026 passed by the learned Single Judge in W.P. No.39409 of 2024. For Appellant(s): Mr.M.Vijaya Kumar For Respondent(s):Mr.Avinash Wadhwani for R1 Mr.K.Kumaran Additional Government Pleader for R2