K.Mohammed Jamal v. The Principal Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.02.2024
CORAM
THE HONOURABLE MS.JUSTICE R.N.MANJULA K.Mohammed Jamal ... Petitioner Vs.
1.The Principal Secretary, Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001.
2.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001.
3.The Superintendent, Tamil Nadu Waqf Board, Vellore Circle, No.8, Arni Road, Sainathapuram, Vellore 632 001.
... Respondents Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents to consider and dispose of the petitioner's representation dated 18.12.2023 in accordance with law.
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For Petitioner : Mr.K.N.Nataraaj For Respondents : Mr.G.Mohammed Aseef for R1
ORDER
This Writ Petition has been filed for the issuance of a Writ of Mandamus to direct the respondents to consider and dispose of the petitioner's representation dated 18.12.2023 in accordance with law.
2. Heard Mr.K.N.Nataraaj, learned counsel for the petitioner and Mr.G.Mohammed Aseef, learned Standing Counsel for the first respondent.
3. The petitioner is the owner of a land in S.No.209/3 to an extent of 2 acres 49 cents in Udayandran Village, Vaniyambadi Taluk, Thirupattur District.
4. The learned counsel for the petitioner submitted that No Objection Certificate has already been given by the Executive Officer of Udayendiran Town Panchayat, Thirupattur District for registering the part of the above property as a house site. But the petitioner was not able Page No.2 of 6
to effect any registration in respect of the property in view of the objection already sent by the second respondent to the Sub-Registrar by claiming that the property belongs to Waqf Board. Hence the petitioner has given a representation before the first respondent to consider his representation and grant No Objection Certificate in order to enable him to effect registration. Since no order has been passed on the representation given by the petitioner, the petitioner is before this Court.
5. The learned Standing Counsel for the first respondent submitted that the petitioner's representation will be considered within a time limit as may be fixed by this Court.
6. In view of the above submission, this Writ Petition is disposed and the first respondent is directed to conduct enquiry and pass appropriate orders on the representation given by the petitioner, in accordance with law, within a period of six weeks from the date of receipt of a copy of this order. The petitioner is at liberty to produce all the documents to show his title over the property before the first Page No.3 of 6
respondent. No costs.
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To 1.The Principal Secretary, Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001.
2.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001.
3.The Superintendent, Tamil Nadu Waqf Board, Vellore Circle, No.8, Arni Road, Sainathapuram, Vellore 632 001.
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R.N.MANJULA , J.
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