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Madras High CourtWP/1088/2024disposed of

Sathish Kumar v. The District Collector

2024-01-19Honourable The Chief Justice,Honourable Mr Justice D.Bharatha Chakravarthy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 19.01.2024 CORAM :

THE HON'BLE MR.SANJAY V.GANGAPURWALA, CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY Sathish Kumar .. Petitioner vs 1.The District Collector, O/o. District Collector, Thiruvarur District.

2.The District Revenue Officer, O/o. District Revenue Office, Thiruvarur District.

3.The Revenue Divisional Officer, O/o. Revenue Divisional Office, Thiruvarur Division, Thiruvarur District.

4.The Superintendent of Wakf, O/o. Superintendent of Wakf, Thanjavur District.

5.The District Registrar, O/o. District Registrar, Thiruvarur District.

6.J.T.P. Real Estate, No.19/7, South Street, Thiruvarur Taluk, Thiruvarur.

.. Respondents Prayer : Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the respondents 1 to 5 to take action with regard to sale registration in Survey No.159/1A, 159/1AA1, 159-24, 159-25 at Thaikal Chathiram, Enkaan Revenue Village, Amaiyappan, Thiruvarur District based on the proceedings Vide Na.Ka.No.300/Va.A/Thanjur/2023 dated 26.10.2023 by the fourth respondent.

For the Petitioner : Mr.P.Muthamizh Selvakumar For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 3 and 5 : Mr.Haja Mohideen Gisti for respondent No.4

ORDER

(Order of the court was made by the Hon'ble Chief Justice) We have heard Mr.P.Muthamizh Selvakumar, learned counsel for the petitioner; Mr.P.Muthukumar, learned State

Government Pleader for respondents 1 to 3 and 5; and, Mr.Haja Mohideen Gisti, learned counsel for the fourth respondent.

2. Learned counsel for the petitioner submits that the property bearing Survey Nos.159/1A, 159/1AA1, 159-24 and 159-25 at Thaikal Chathiram, Enkaan Revenue Village, Amaiyappan, Thiruvarur District is a wakf property. Under the forged pattas, sale deeds are registered in respect of the said wakf property. A representation has been given to the authorities, however, no cognizance is taken by the authorities of the same.

3. The petitioner would not be a person interested in the wakf property. The Wakf Board is the authority to determine the claim qua the wakf property.

4. In the light of the above, we are not inclined to pass any order in the present writ petition.

5. At this juncture, learned counsel for the fourth respondent submits that the Wakf Board has already initiated proceedings in respect of the said property.

6. In view of the above, the writ petition is disposed of. There shall be no order as to costs. Consequently, W.M.P.No.1149 of 2024 is closed.

(S.V.G., CJ.) (D.B.C., J.) 19.01.2024 Index :

Yes/No Yes/No bbr

To 1.The District Collector, O/o. District Collector, Thiruvarur District. 2.The District Revenue Officer, O/o. District Revenue Office, Thiruvarur District. 3.The Revenue Divisional Officer, O/o. Revenue Divisional Office, Thiruvarur Division, Thiruvarur District.

4.The Superintendent of Wakf, O/o. Superintendent of Wakf, Thanjavur District. 5.The District Registrar, O/o. District Registrar, Thiruvarur District.

THE HON'BLE CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY,J.

bbr 19.01.2024