A resident of a Tamil Nadu village, all of whose land is claimed by the Tamil Nadu Waqf Board, petitioned the Supreme Court to uphold the recently passed law on a significant occasion when the constitutionality of the Waqf (Amendment) Act 2025 was being questioned in court.
Intervention in High-Profile Case
- Sreeman Chandrasekar, a native of Thiruchendurai hamlet in the Trichy District of Tamil Nadu, petitioned the Supreme Court for intervention in favor of the Waqf Amendment Act 2025. His plea is filed in the writ petition initiated by Maulana Arshad Madani, one of the foremost leaders of the Jamiat Ulama-i-Hind, challenging the validity of the Act.
- Chandrasekar, a famous psephologist and political historian, author, and TV panellist, has strongly supported the amendment because he feels that there has been a shocking overreach by the Tamil Nadu Waqf Board, which indeed has claimed my entire village, over 300 acres, as Waqf property.
Historic Temple at the Centre of the Controversy
- In his application, Chandrasekar alleged serious questions regarding the inclusion of the historic Chandrasekara Swamy Temple in the list of Waqf properties. "The temple is about 1500 years old, whereas Islam as a religion is only around 1400 years old. However, according to the application, the Waqf Board asserts that the temple is its property.
- His stand is that the errors of history are reverting and slipping away into the oblivion of incidents or labels, and random claims are undermining the religious, historical, and cultural heritage of the area.
Village-wide Impact and Community Outrage
- Chandrasekar's petition sheds light on the state of deep misery within the villagers upon learning in 2022 that the entirety of their village, five very old temples, and hundreds of privately-owned lots could be termed as being Waqf land. The unfortunate state of affairs came about when a certain local farmer tried to sell his land to raise funds for his daughter's wedding and was informed by the Sub-Registrar's office that he would first need to get a No Objection Certificate (NoC) from the Waqf Board.
- "It came as a shock for not just me but for all the families in the village of Thiruchendurai," explains Chandrasekar. "My lineage has been living here for generation upon generation. My father, who happens to be the householder of this land since the 1930s, is among the oldest living residents. Yet, suddenly our ancestral land is being claimed without any justification whatsoever."
Documented Ownership vs. Waqf Claims
- According to Chandrasekar's claims, majority of the villagers have Encumbrance Certificates for their properties, some even going back to 1950 or before. Further, he stated that the land and house of his mother were bought from a retired High Court judge in 1917 and have been owned and developed since then in strict accordance with law.
- "How is it possible that without any documents, the Waqf Board claims it to be owner of all these lands, when we have evidence of ownership which dates back to more than two centuries?" he asked.
Criticism of “Waqf by User” Provision
- The application strongly condemns the misuse of Section 3(r)(i) of the Waqf Act 1995, which deals with the concept of "Waqf by user." According to Chandrasekar, this phrase is being used to assert ownership of land over which the Waqf Board has no legitimate claim.
- "Remarkably, land sales that the Waqf Board claims as theirs can still be registered at the Sub-Registrar's office. This suggests a structural weakness and abuse of the law," he said.
- He went on to say that the thousands of people living in Thiruchendurai are in a state of panic as a result of the abuse of the "once a waqf, always a waqf" doctrine to supersede legal ownership rights.
Legal Representation and Hearing
- Advocate-on-Record Rahul Shyam Bhandari filed the intervention application, which was written by Bhandari and Advocate G Priyadharshi. Other challenges to the Waqf Amendment Act 2025 have now been added to the petition.
- The petitions, including this new intervention, will be heard by a Supreme Court bench tomorrow, presided over by Chief Justice of India B.R. Gavai. In order to decide the future of the contentious amendment, which aims to limit and provide transparency to Waqf land claims, the hearing is anticipated to be an important step.
Background on the Waqf (Amendment) Act 2025
- The Waqf (Amendment) Act 2025 was introduced in response to several public complaints about the lack of openness and paperwork in Waqf declarations. Its goal was to stop Waqf Boards across India from making arbitrary property claims. The law's supporters contend that it safeguards the property rights of regular people and stops the abuse of religious trust provisions, despite the fact that many Muslim organizations have opposed it, claiming it is discriminatory and a threat to religious freedom.
A Battle Between Land Rights and Religious Trusts
The Thiruchendurai case and the opinions of people like Chandrasekar have given the discussion a new angle. Many see the issue as involving fundamental rights, the right to property, the right to cultural identity, and the right to seek redress against administrative overreach, rather than just religion or heritage.
All eyes will be on the outcome of this historic case, which could reshape the balance between private property and religious endowments in contemporary India, as the Supreme Court gets ready to hear the case.
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