M/S.Nawab Khairunnissa Begum v. The Government Of Tamilnadu

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 23.08.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No. 21120 of 2018 M/s.Nawab Khairunnissa Begum Sahiba Endowment and Hazrath Pappy Masthan Dargha, Represented by its Muthavalli/President, Dr.G.S.M.P.Khadri No.31, Big Street, Triplicane, Chennai 600 005 .. Petitioner Vs

1. The Government of Tamil Nadu Revenue Department, Rep by its Secretary, Fort St.George, Cehnnai 600 009.

2. The Collector of Chennai Office of the Collector, Chengalvarayan Maligai, Chennai 600 001.

3. The Tahsildar, Mylapore-Triplicane Taluk, Greenways Road, Chennai 600 028.

4. The Tamil Nadu Wakf Board, Rep by its Chief Executive Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar,Chennai 600 001 .. Respondents Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the third respondent to consider the petitioner's application dated 03.06.2017 for surveying the lands comprised in Survey No.1055/2 belonging to M/s.Nawab Khairunnisa Begum Sahiba Endowment Hazarath Pappu Masthan Dargah Mosque and Burial Ground Wakf, measuring 5 cawnies, 20 grounds and 1233 Sq.ft. For Petitioner : Mr.T.Velumani For Respondents 1 to 3 : Mr.V.Jayaprakash Narayanan Special Government Pleader For Respondent 4 : Mr.L.S.M.Hasan Fizal

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has come up with this writ petition seeking a direction to the third respondent to consider their application dated 03.06.2017 for surveying the lands comprised in Survey No.1055/2 belonging to them.

3.According to the learned counsel for the petitioner, the petitioner has submitted an application dated 03.06.2017, but, the same is yet to be disposed of by the respondents. Hence, the petitioner is before this Court.

4. Mr.V.Jayaprakash Narayanan, learned Special Government Pleader taking notice for respondents 1 to 3, submitted that the third respondent be directed to consider the petitioner's application and pass orders in accordance with law. 5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the third respondent to consider the petitioner's application dated 03.06.2017 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of eight weeks from the date of receipt of a copy of this order. 6.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar vga To

1. The Secretary, Government of Tamil Nadu Revenue Department, Fort St.George,Cehnnai 600 009.

2. The Collector of Chennai Office of the Collector, Chengalvarayan Maligai,Chennai 600 001.

3. The Tahsildar, Mylapore-Triplicane Taluk, Greenways Road, Chennai 600 028.

+1cc to Mr.T.Velumani, Advocate, S.R.No.57533 +1cc to the Government Pleader, S.R.No. 57925 W.P.No. 21120 of 2018 rrs 10/09/2018 23.08.2018