Noorjahan Bee, W/O.Syed Ismail v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 18.06.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P.No.28225 of 2010 Noorjahan Bee ... Petitioner Vs
1. The District Collector, Villupuram.
2. The Tahsildar, Tindivanam, Villupuram District.
3. The Chairman, Tamilnadu Wakf Board, No.1, Jaffer Serang Street, Vallal Seethakathi Nagar, Chennai -1.
4. The Chief Executive Officer, Tamilnadu Wakf Board, No.1, Jaffer Serang Street, Vallal Seethakathi Nagar, Chennai-1.
5. The Inspector of Wakfs, No.512, Gandhi Street, Panruti.
6. The Inspector, Marakanam Police Station, Marakanam, Tindivanam Taluk.
7. Allavudin Bava, Konavayankuppam Village, Hamlet of Marakanam, Tindivanam Taluk
...Respondents
Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents
1 to 6 to remove the encroachments in the property of the Mosque Hazarath Syed Peeranasha Dharga in survey Nos.249/1 - 0.78.5, 354/6 - 0.31.0, 354/8 - 0.16.0, 354/10 - 0.18.5 hectares in Marakanam Village, Tindivanam Taluk, caused by the 7th respondent and thereby take action for the removal of the encroachments under section 55 of the Wakf Act 1995. For Petitioner : Mr. N. Suresh For Respondents : Mr.K. Balasubramanian for R1, R2 and R6 Mr.Haja Mohideen Gisti Govt. Advocate for R3, R4 & R5 Mr.S.Natanarajan for R7
ORDER
The petitioner has come up with this Writ Petition for a Mandamus, directing the respondents 1 to 6 to remove the encroachments made by the 7th respondent in the property in S.Nos.249/1, 354/6, 354/8 and 354/10 situate at Marakanam Village, Tindivanam Taluk belonging to Mosque Hazarath Syed Peeranasha Dharga and thereby take action under section 55 of the Wakf Act 1995 .
2. Today, when the matter was taken up for consideration, the learned counsel for the petitioner, on instructions, submitted that the 7th respondent, against whom, the relief is sought, has breathed his last and hence, nothing survives for adjudication in this writ petition.
3.In view of the above submission made by the learned counsel for the petitioner, this writ petition is dismissed as having become infructuous. No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar //True Copy// Sub Assistant Registrar msr To
1. The District Collector, Villupuram.
2. The Tahsildar, Tindivanam, Villupuram District.
3. The Chairman, Tamilnadu Wakf Board, No.1, Jaffer Serang Street, Vallal Seethakathi Nagar, Chennai -1.
4. The Chief Executive Officer, Tamilnadu Wakf Board, No.1, Jaffer Serang Street, Vallal Seethakathi Nagar, Chennai-1.
5. The Inspector of Wakfs, No.512, Gandhi Street, Panruti.
6. The Inspector, Marakanam Police Station, Marakanam, Tindivanam Taluk.
+1cc to the Government Pleader, S.R.No.28519. W.P.No.28225 of 2010 RLD(CO) HS(03/08/2021)