B.K.Indra v. The Sub Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.10.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.6796 and 6798 of 2021 B.K.Indra
...Petitioner
-Vs1. The Sub-Collector, Ranipet, Ranipet District.
2. The Inspector of Police, Arcot Town Police Station, Ranipet District.
3. S.P.Shah, Mutavalli, Hassan Raza Mosque, Dharga & Burial Ground, Veppur Village, Arcot Town and Taluk, Ranipet District.
4. The TamilNadu Wakf Board, Represented by Chief Executive Officer, No.1, Jaffar Sarang Street, Vallal Sitakadi Nagar, George Town, Chennai-600 001.
(R4 impleaded vide order dated 02.08.2022 made in W.M.P.No.9474 of 2022 in W.P.No.6175 of 2021) ... Respondents
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the first respondent's proceedings dated 21.10.2020 in Na.Ka.No.A5/445/2020 and quash the same in so far as it relates to the petitioner, as illegal and direct the first respondent to protect the possession of the petitioner in respect of her properties being about 13.33 acres of land in T.S.No.1/2A (4.98 acres), T.S.No.2/2 (4.80 acres) and T.S.No.6/2 (3.55 acres) in Block No.3 Ward - A, Arcot Town, Ranipet District. For Petitioner : Mr.Ashok Menon For R1 and R2 : Mr.A.Gopinath Government Advocate (Crl.Side) For R3 : Mr.M.M.I.Khaleel for M/s. A.Ajimath Begam
ORDER
This Writ Petition has been filed for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the first respondent's proceedings dated 21.10.2020 in Na.Ka.No.A5/445/2020 and quash the same in so far as it relates to the petitioner, as illegal and direct the first respondent to protect the possession of the petitioner in respect of her properties being about 13.33 acres of land in T.S.No.1/2A (4.98 acres), T.S.No.2/2 (4.80 acres) and T.S.No.6/2 (3.55 acres) in Block No.3 Ward - A,
Arcot Town, Ranipet District.
2. Heard the learned counsel on either side and perused the materials available on record.
3. Admittedly, the petitioner filed suits as against the third respondent and others and it is pending in O.S.Nos.174 and 175 of 2019 before the Waqf Tribunal and it is pending.
4. Therefore, this Court finds no infirmity or illegality in the order passed by the first respondent, since as directed by the first respondent, the petitioner had initiated suits and it is pending. If the petitioner succeeds in the suits before the Tamil Nadu Waqf Tribunal, the revenue officials are directed to act accordingly.
5. With the above directions, this Writ petition is disposed of. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs.
16.10.2023 Internet: Yes Index : Yes/No
Speaking/Non Speaking order mn G.K.ILANTHIRAIYAN. J, mn To
1. The Sub-Collector, Ranipet, Ranipet District.
2. The Inspector of Police, Arcot Town Police Station, Ranipet District.
3. The Chief Executive Officer, The TamilNadu Wakf Board, No.1, Jaffar Sarang Street, Vallal Sitakadi Nagar, George Town, Chennai-600 001.
and W.M.P.Nos.6796 and 6798 of 2021 16.10.2023