S.Nagore Meeran, v. The District Collector,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.03.2018
CORAM
THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.No.7397 of 2018 S.Nagore Meeran S/o.Shamsudeen .. Petitioner Vs.
1.The Distrit Collector Kancheepuram District Kancheepuram - 631 501.
2.The Thasildar Sriperumbudur Taluk Sriperumbudur Kanchipuram - 631 501.
3.The Special Thasildar Kanchipuram Municipality Kanchipuram - 631 501.
4.The Chief Executive Officer The Tamil Nadu Wakf Board No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar Chennai-600 001.
.. Respondents Writ petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus directing the 2nd and 3rd respondent herein to cancel the Patta issued in favour of third parties in Survey No.1702/2, 1704/1, 1633, 1636, 1639, 1641, 1693/1, 1697, 1708 & 1709 and issue Patta to the petitioner's wakf in respect of the above mentioned survey wakf properties belongs to Isbanthiar Baig Mosque situated in little Kanchipuram, 2nd division in consonance with the memorandum issued by the 1st respondent in O.Mu.24238/2017/No.3 dated 13.12.2017 and by considering the petitioner's representation dated 25.09.2017 and reminder letter dated 18.01.2018.
For Petitioner :
Mr.I.Abdul Basith For Respondents :
Mr.R.Govindasamy Special Government Pleader for R1 to R3
O R D E R
Mr.R.Govindasamy, learned Special Government Pleader takes notice for the respondents 1 to 3.
2. The petitioner claiming to be the Muthavalli of the Isbanthiar Baig Mosque has filed the present writ petition seeking for mandamus directing the 2nd and 3rd respondent herein to cancel the Patta issued in favour of third parties in Survey No.1702/2, 1704/1, 1633, 1636, 1639, 1641, 1693/1, 1697, 1708 & 1709 and issue Patta to the petitioner's wakf in respect of the above mentioned survey wakf properties belongs to Isbanthiar Baig Mosque situated in little Kanchipuram, 2nd division in consonance with the memorandum issued by the 1st respondent in O.Mu.24238/2017/No.3 dated 13.12.2017 and by considering the petitioner's representation dated 25.09.2017 and reminder letter dated 18.01.2018.
3. It is stated that the Patta in respect of the property belonging to the Wakf has been granted in favour of some third parties and therefore, the petitioner has made a request for cancellation of such Patta before the Revenue Officials.
4. The grievance of the petitioner is that such request made by the petitioner on 25.09.2017 is still pending consideration. It is seen that the District Revenue Officer, Kanchipuram District through the proceedings dated 13.12.2017 directed the Special Tahsildar and the Tahsildar, Kanchipuram District to take action on the petitioner's representation.
5. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondents 2 and 3 to consider such request of the petitioner and pass appropriate orders on merits and in accordance with law. Therefore, this writ petition is disposed of, only with a direction to the respondents 2 and 3 to consider the representation of the petitioner dated 25.09.2017 and pass orders on the same on merits and in
accordance with law, after giving due opportunity of hearing to the petitioner as well as the persons in whose names, the Patta stand as on today. Such exercise shall be done by the respondents 2 and 3 within a period of twelve weeks. No costs.
-s/d- Deputy Registrar True Copy Sub-Assistant Registrar mk To 1.The Distrit Collector Kancheepuram District Kancheepuram - 631 501.
2.The Thasildar Sriperumbudur Taluk Sriperumbudur, Kanchipuram - 631 501.
3.The Special Thasildar Kanchipuram Municipality Kanchipuram - 631 501.
4.The Chief Executive Officer The Tamil Nadu Wakf Board No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar Chennai-600 001.
+1 CC to Mr.I.Abdul Basith, Advocate Sr.No.24031 +1 CC to Government Pleader, High Court, Chennai Sr.No.24299 W.P.No.7397 of 2018 KP(11/04/2018)