Jayaraj v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 02.02.2023
CORAM
THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.No. 3106 of 2023 and W.M.P.Nos.3174 & 3175 of 2023 Jayaraj .. Petitioner
Versus
1.The District Collector Cuddalore District 2.The Tahsildar Chidambaram Taluk 3.The Block Development Officer Panchayat Union Office Kamaratchi, Chidambaram Taluk Cuddalore District 4.The President C.Thendesaranallur Panchayat Chidambaram Taluk Cuddalore District 5.The Estate Officer Tamil Nadu Public Premises Act Wakf House No.1 Jaffar Syrang Street Vallal Seethakathi Nagar 1/6
Chennai - 600 001 6.M/s.Lalkhan Mosque Wakf Represented by its Secretary R.Mohammed Ziaudeen No.1, Otthavalli Street Cuddalore District.
.. Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Certiorari, to call for the records relating to the impugned proceedings in No.PP/121/CUDD/2021 dated 02.01.2023 pending on the file of the fifth respondent and quash the same.
For Petitioner : Mr.R.Vijayakhumar For Respondents : Mr.R.Anitha for R1 and R2 Special Government Pleader
ORDER
This Writ Petition has been filed challenging the proceedings in No.PP/121/CUDD/2021 dated 02.01.2023 issued by the fifth respondent and quash the same.
2. It is the contention of the learned counsel for the petitioner that the subject property is in possession of the petitioner for many years and the 2/6
property does not belong to the Wakf Board. Such being the position, without any jurisdiction, the fifth respondent / Estate Officer has issued the impugned notice. Hence, seeks to quash.
3. Heard both sides and perused the materials placed on record.
4. At the outset, this Court is unable to comprehend the contention of the learned counsel for the petitioner. If at all, the petitioner has document to substantiate the claim that he is the owner of the property and the property does not belong to the Waqf Board, he can very well agitate the same before the Estate Officer. The impugned notice is merely a notice for appearance and for hearing. Therefore, if, the petitioner, has documents to establish his title over the subject property and the same does not belong to the Waqf Board, he is at liberty to produce the relevant documents before the Estate Officer. The fifth respondent / Estate Officer after perusing the documents and revenue records shall pass appropriate order(s) on merits and in accordance with law after hearing the necessary parties. 3/6
5. In view of the above, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. 02.02.2023 dhk Index : Yes/No Speaking Order : Yes/No : Yes/No 4/6
N.SATHISH KUMAR, J.
dhk To 1.The District Collector Cuddalore District 2.The Tahsildar Chidambaram Taluk 3.The Block Development Officer Panchayat Union Office Kamaratchi, Chidambaram Taluk Cuddalore District 4.The Estate Officer Tamil Nadu Public Premises Act Wakf House No.1 Jaffar Syrang Street Vallal Seethakathi Nagar Chennai - 600 001 5/6
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