Tamil Nadu Government Gazette, No. 7, Part VI, Section 3(a), 13 February 2019
The Government of Tamil Nadu published Tamil Nadu Government Gazette, No. 7, Part VI, Section 3(a), on 13 February 2019. It contains Tamil Nadu Waqf Board, Chennai notification numbers VI-3(a)/44/2019 to VI-3(a)/46/2019 concerning a bye law and direct management of waqfs, and judicial notification numbers VI-3(a)/47/2019 to VI-3(a)/57/2019 giving notice of insolvency petitions, including petitions affecting sale deeds and properties.
What the Gazette covers
Tamil Nadu Government Gazette, No. 7, Part VI, Section 3(a), dated 13 February 2019, publishes notifications from the Tamil Nadu Waqf Board, Chennai and insolvency notices from subordinate courts. The judicial notices report petitions and hearing dates. They do not state that the courts have granted the relief requested.
Tamil Nadu Waqf Board notifications
The Tamil Nadu Waqf Board, Chennai published three notifications:
- Notification number VI-3(a)/44/2019 records approval of the bye law framed for Jamia Pallivasal, Tuticorin District. The approval was given through Resolution Item No. 80/18, dated 4 December 2018.
- Notification number VI-3(a)/45/2019 places Masjide Quba Ashurkhana Dargah Waqf, Pension Line, Salem District, under the direct management of the Tamil Nadu Waqf Board for one year from the Board resolution dated 9 January 2019. The Waqf Inspector, Salem was appointed Executive Officer.
- Notification number VI-3(a)/46/2019 places Mohideen Andavar Pallivasal Waqf, Pattukottai, Thanjavur District, under the direct management of the Tamil Nadu Waqf Board for one year from the date of the Board's order. The Waqf Inspector, Thanjavur was appointed Executive Officer.
These notifications directly affect the administration of the named waqfs. The Jamia Pallivasal notification records approval of a bye law but does not reproduce its provisions.
Insolvency petitions and property issues
Judicial notification numbers VI-3(a)/47/2019 to VI-3(a)/57/2019 concern insolvency petitions before subordinate courts in Ambasamudram, Tenkasi and Namakkal. The requested relief includes:
- Declaring a respondent or petitioner insolvent.
- Vesting identified properties in an Official Receiver for administration, realisation and distribution.
- Annulment or cancellation of sale deeds alleged to involve an insolvent person's property.
- A declaration that a sale deed is null and void.
A buyer, owner, creditor or professional dealing with property belonging to a named party should note that these are notices of pending petitions. For example, notification number VI-3(a)/49/2019 asks the court to cancel a sale deed dated 10 December 2014 concerning schedule properties, while notification number VI-3(a)/52/2019 seeks a declaration that a sale deed in favour of the second respondent is null and void.
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Common questions
Does a property mentioned in an insolvency notice automatically belong to the Official Receiver?
No. The notices state that petitioners have asked the courts to vest properties in the Official Receiver. They do not state that the requested orders have been granted.
Which waqfs were placed under direct management?
Masjide Quba Ashurkhana Dargah Waqf, Pension Line, Salem District, and Mohideen Andavar Pallivasal Waqf, Pattukottai, Thanjavur District, were placed under the direct management of the Tamil Nadu Waqf Board.
How long does the Tamil Nadu Waqf Board's direct management last?
Each direct management arrangement is for one year. For the Salem waqf it runs from the Board resolution dated 9 January 2019, while for the Pattukottai waqf it runs from the date of the Board's order.
Does the Gazette provide the full bye law for Jamia Pallivasal?
No. Notification number VI-3(a)/44/2019 records that the Tamil Nadu Waqf Board approved the bye law framed for Jamia Pallivasal, Tuticorin District, but the provisions are not reproduced in the supplied text.
