Suhail Hyder Khan v. The Tahsildar

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 04.06.2025

CORAM

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Suhail Hyder Khan ... Petitioner Vs.

The Tahsildar, Office of the Tahsildar, Egmore Taluk, Chennai District.

... Respondent PRAYER : Petition filed under Article 226 of the Constitution of India praying for issuance of writ of mandamus, to direct the respondent to consider and pass orders on the petitioner's representation dated 14.07.2022 and application dated 27.03.2023 seeking to transfer the patta in respect of the property in S.No.1242, Syful Mulk Street, Pudupet belonging to KhiamUd-Daulah Bahadur Endoment Wakf, Chennai in the name of Wakf which stands in the name of the erstwhile Muthawalli, namely, Mohamed Munawar Khan Sahib, in accordance with law.

For Petitioner :

Mr.M.Nuzhath Khanam

For Respondent :

Mr.A.Selvendran Special Government Pleader

O R D E R

The present writ petition is filed praying for a writ of mandamus to direct the respondent to act upon the representation and application submitted by the petitioner on 14.07.2022 and 27.03.2023 and to transfer the patta in the name of Khiam-Ud-Daulah Bahadur Endoment Wakf, Chennai.

2. By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself.

3. Learned counsel for the petitioner submitted that the subject property is a Wakf property standing in the name of erstwhile Muthawalli, namely, Mohamed Munawar Khan Sahib. However, it should be in the name of Wakf, namely, Khiamulla Wakf Bahadur Endoment. A representation dated 14.07.2022 was made to mutate the revenue records in the name of Wakf, namely, Khiamulla Wakf Bahadur Endoment. But the same has not been considered. Hence, the petitioner made an application on 27.03.2023

to transfer the patta in the name of Wakf, namely, Khiamulla Wakf Bahadur Endoment. Inspite of the same, no action has been taken. Hence, the present writ petition has been filed.

4. At the outset, it was submitted by learned Special Government Pleader for respondent that the application dated 27.03.2023, made by petitioner would be considered and appropriate orders would be passed within a time frame fixed by this Court, which was agreed to by the learned counsel for petitioner.

5. In view of the same, taking into consideration the facts and circumstances of the case and the limited relief sought for in this writ petition, there shall be a direction to the respondent to deal with the application made by the petitioner on 27.03.2023 on its own merits and in accordance with law within a period of eight (8) weeks from the date of receipt of a copy of this order after putting interested parties/stake holders on notice and after affording an opportunity to the petitioner and any other

interested parties/stake holders. It is made clear that this Court has not expressed any views with regard to the merits of the case and it is open to the respondent to consider the appeal on its own merits and in accordance with law.

6. Accordingly, the Writ Petition stands disposed of. No costs. 04.06.2025 NCC: Yes / No Index : Yes / No Speaking Order : Yes / No vji To

The Tahsildar, Office of the Tahsildar, Egmore Taluk, Chennai District.

MOHAMMED SHAFFIQ, J.

vji 04.06.2025