Supreme Court of India · 2023-05-18
SALEM MUSLIM BURIAL GROUND PROTECTION COMMITTEE vs STATE OF TAMIL NADU AND ORS.
- Citation / case number
- SC 2009/36318
- Court
- Supreme Court of India
- Petitioner
- SALEM MUSLIM BURIAL GROUND PROTECTION COMMITTEE
- Respondent
- STATE OF TAMIL NADU AND ORS.
- Author
- HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
- Bench
- HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE V. RAMASUBRAMANIAN
Judgment text excerpt
The Supreme Court examined whether the land in Salem, previously used as a burial ground, could be declared as Wakf property. The High Court had set aside the declaration of the land as Wakf, but the Supreme Court considered the historical use and the rights of local settlers. The Court emphasized the importance of historical usage and community rights in determining the nature of the land. The judgment ultimately clarified the legal status of the land concerning Wakf laws and community rights.