K.Ibrahim v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 17.03.2023 CORAM :

THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE AND THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY W.P.No.8477 of 2023 K.Ibrahim .. Petitioner Vs 1.The District Collector, O/o. District Collector, 2.The Revenue Divisional Officer, O/o. Revenue Divisional Office, Thiruvannamalai, 3.The Thasildhar, O/o. Chetupatu Thasildhar Office, Thiruvarur District.

4.Wakf Superintendent, O/o. Wakf Superintendent, Wakf Board, Vellore Range, Bagathursha Masjith Campus, 8th Arani Road, Sainathapuram, Vellore - 632 001.

5.Divya Groups of Education and Charitable Trust, No.76, Darga Chenji Road, Chetupatu Taluk, .. Respondents Prayer: Petition filed under Article 226 of the Constitution of India seeking issuance of a writ of mandamus directing the fourth respondent to take action with regard to the encroachment in S.No.13 and sub division 1 to 15, 6A, 6B, 6C situated at Patha Mathani Pallivasal, Chenji Road, Chetpat Taluk, Thiruvannamalai District by the fifth respondent based on the Circular R.C.No.4168/C1/2020-2, dated 10.03.2022 issued by the Tamil Nadu Waqf Board. For the Petitioner : Mr.P.Muthamizh Selvakumar For the Respondents : Mr.P.Muthukumar State Government Pleader for respondents 1 to 3 : Mr.Haja Mohideen Gisti for respondent No.4

ORDER

(Order of the court was made by the Hon'ble Acting Chief Justice) K.Ibrahim, son of Syed Kathar, a resident of Kunnathur Village, Thiruvannamalai District, has filed this writ petition seeking issuance of a writ of mandamus directing the fourth respondent to take action with regard to the encroachment in S.No.13 and Sub division 1 to 15, 6A, 6B, 6C, situate at Patha Mathani Pallivasal,

Chenji Road, Chetpat Taluk, Thiruvannamalai District, put up by the fifth respondent, based on the Circular R.C.No.4168/C1/2020-2, dated 10.03.2022 issued by the Tamil Nadu Waqf Board.

2. Mr.P.Muthamizh Selvakumar, learned counsel appearing on behalf of the petitioner, would submit that the fifth respondent had started construction in the place belonging to the fourth respondent/Wakf Board. In this regard, the petitioner sent representation to the respondent authorities on 19.9.2022. As the said representation did not evoke any response, the petitioner has been advised to file this writ petition.

3. Mr.P.Muthukumar, learned State Government Pleader, accepted notice on behalf of respondents 1 to 3. Mr.Haja Mohindeen Gisti, learned counsel, accepted notice on behalf of the fourth respondent and submitted that, if four weeks' time is granted, the fourth respondent will consider the representation of the petitioner and take appropriate action in accordance with law.

4. Recording the aforesaid submission made by learned counsel

for the fourth respondent, the writ petition is disposed of with a direction to the fourth respondent to consider the representation of the petitioner and take appropriate action in accordance with law within a period of four weeks from the date of receipt of a copy of this order. There will be no order as to costs. (T.R., ACJ.) (D.B.C., J.) 17.03.2023 Index :

No No sasi To:

1.The District Collector, O/o. District Collector, 2.The Revenue Divisional Officer, O/o. Revenue Divisional Office, Thiruvannamalai, 3.The Thasildhar, O/o. Chetupatu Thasildhar Office, Thiruvarur District.

4.The Superintendent, O/o. Wakf Superintendent, Wakf Board, Vellore Range, Bagathursha Masjith Campus, 8th Arani Road, Sainathapuram, Vellore - 632 001.

THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.

(sasi) 17.03.2023