Dr.T.Rajanayagam v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 21.03.2023

CORAM

THE HON'BLE MR.JUSTICE RMT.TEEKAA RAMAN W.P.No. 3556 of 2022 Dr.M.R.Srinivasan S/o.Late Manali Ramakrishnan No.26, Dr.Kasturi Rangan Salai Alwarpet, Chennai 600 018 ... Petitioner Vs.

1.The Tamil Nadu Wakf Board Represented by its Chief Executive officer No.1, Jaffer Syrang Street Chennai 600 001 2.Syed Sadiq Mosque and Dargah Wakf Represented by its Muthawalli Kunrathur Main Road Chennai 602 122 ... Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Mandamus directing the 1st Respondent to consider and pass orders on the Petitioner's representation dated 22.08.2022 and delete the wrong entries of the properties in the proforma of the 2nd Respondent. For Petitioner : Ms.S.Kiruthika For Respondents : Mr.Hajamohideen Gisthi (for R1) Mr.A.K.T.Mohammed Kaliffathulla (for R2)

ORDER

This Writ Petition has been filed seeking direction to the 1st Respondent to consider and pass orders on the Petitioner's representation dated 22.08.2022 and delete the wrong entries of the properties in the proforma of the 2nd Respondent.

2.The Petitioner herein based upon the decree granted in O.S.No.188 of 1988 on the file of the Sub Court, Poonamalle and also the release deed executed in favour of him by his family members seeks relief of deleting the wrong entries of his property mentioned in the Register of the Wakf Board and Proforma.

3.Heard the learned counsel for the Petitioner, learned counsel for the 1st Respondent and the learned counsel for the 2nd Respondent. 4.Mr.Hajamohideen Gisthi, learned standing counsel appearing on behalf of the Wakf Board and Mr.A.K.T.Mohammed Kaliffathulla, learned counsel appearing for the 2nd Respondent would contend that it is the 1st Respondent, who had to pass orders on the representation made by the Petitioner to the 1st Respondent.

5.Having regard to the submissions made by the learned counsel appearing on either side and taking into consideration the prayer sought for by the Petitioner, without expressing any opinion with regard to the merits of the case, I am inclined to direct the 1st respondent to consider the Petitioner's representation dated 22.08.2022, after giving opportunity of hearing to the parties, concerned and pass orders, on merits and in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order. 6.In fine, the Writ Petition is disposed of, to the extent indicated above. No costs.

21.03.2023 Index : Yes/No : Yes/No Speaking Order/Non-Speaking Order sai

RMT.TEEKAA RAMAN, J.

sai To 1.The Tamil Nadu Wakf Board Represented by its Chief Executive officer No.1, Jaffer Syrang Street Chennai 600 001 2.Syed Sadiq Mosque and Dargah Wakf Represented by its Muthawalli Kunrathur Main Road Chennai 602 122 W.P.No. 3556 of 2022 Dated:21.03.2023