Amanusha Fakkir Dargah v. The Tamil Nadu Waqf Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 23.10.2024
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI And W.M.P.No.13931 of 2020 Amanusha Fakkir Dargah Mr.J.Hassan Mohideen Rep. by its President The Management Committee ... Petitioner Vs.
1.The Tamil Nadu Waqf Board rep. by its Chief Executive Officer No.1, Jaffar Serang Street Vallal Seethakathi Nagar Chennai - 600 001.
2.The Chief Executive Officer The Tamil Nadu Waqf Board No.1, Jaffar Serang Street Vallal Seethakathi Nagar Chennai - 600 001.
3.The Superintendent of Waqfs Ramanathapuram, Ramanathapuram District.
4.The Waqf Inspector Virudhu Nagar, Virudhu Nagar District.
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5.The State of Tamil Nadu Rep. by its Secretary Department of Backward Class and Minorities Welfare, Secretariat, Fort St.George, Chennai - 600 009.
6.The District Collector Virudhunagar District, Virudhunagar.
7.The Sub Registrar, 8.The District Registrar, 58/1 Kutchery Road, 9.The Superintendent of Police, 10.The Inspector of Police, Town Police Station, Rajaji Road, Pincode 626 125.
11.The Municipal Commissioner, Srivilliputtur Municipality, 12.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivakasi.
... Respondents Prayer:
Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus directing the second respondent herein to 2/6
enforce the order of the first respondent dated 19.06.2018 made in Na.Ka.No.13166/02/Aa3/Virudhu by way of initiating appropriate action under Sections 51 and 52 of the Waqf Act, 1995, together with appropriate action under the Public Premises Act, 1971, to retrieve the various portion of waqf properties of the petitioner Dargah comprised in T.S.No.842, T.S.No.828/1 and 828/4 situated at No.54, Thaikka Patti Street, Amanusha Fakkir Dargha, Srivilliputtur. For Petitioner : Mr.Karthik Eswaran.J.
For Respondents : Mr.C.Shankar for R1 to R4 Mr.U.Baranidharan for R5 to R8, R12 Additional Government Pleader Mr.L.Baskaran for R9 and R10 Government Advocate (Crl. Side)
O R D E R
The petitioner has filed this writ petition seeking issuance of Writ of Mandamus directing the second respondent to enforce the order of the first respondent dated 19.06.2018 made in Na.Ka.No.13166/02/Aa3/Virudhu by way of initiating appropriate action under Sections 51 and 52 of the Waqf Act, 1995, together with appropriate action under the Public Premises Act, 1971, to retrieve the various portion of Waqf properties of the petitioner Dargah comprised in T.S.No.842, T.S.No.828/1 and 828/4 situated at No.54, Thaikka Patti Street, Amanusha Fakkir Dargha, Srivilliputtur. 3/6
2.The learned counsel appearing for the petitioner submitted that some third parties encroached portion of the properties belonging to the petitioner Dargah and the petitioner made representation to the first respondent seeking to retrieve the said properties and the first respondent passed an order dated 19.06.2018 granting power to the second respondent to take action to retrieve the lands belonging to the petitioner, however, till date the said order was not implemented. 3.In view of the above, the first respondent is directed to implement the order dated 19.06.2018, if there is no legal impediment, within a period of twelve weeks from the date of receipt of a copy of this order.
4.The writ petition is disposed of. No costs. Consequently, the connected miscellaneous petition is closed.
23.10.2024 pri Index: Yes/ No Speaking Order: Yes/ No NCC: Yes/ No 4/6
To 1.The Tamil Nadu Waqf Board rep. by its Chief Executive Officer No.1, Jaffar Serang Street Vallal Seethakathi Nagar Chennai - 600 001.
2.The Chief Executive Officer The Tamil Nadu Waqf Board No.1, Jaffar Serang Street Vallal Seethakathi Nagar Chennai - 600 001.
3.The Superintendent of Waqfs Ramanathapuram, Ramanathapuram District.
4.The Waqf Inspector Virudhu Nagar, Virudhu Nagar District.
5.The State of Tamil Nadu Rep. by its Secretary Department of Backward Class and Minorities Welfare, Secretariat, Fort St.George, Chennai - 600 009.
6.The District Collector Virudhunagar District, Virudhunagar.
7.The Sub Registrar, 8.The District Registrar, 58/1 Kutchery Road, 5/6
M.DHANDAPANI,J.
pri 9.The Superintendent of Police, 10.The Inspector of Police, Town Police Station, Rajaji Road, Pincode 626 125.
11.The Municipal Commissioner, Srivilliputtur Municipality, 12.The Revenue Divisional Officer, Office of the Revenue Divisional Officer, Sivakasi.
And W.M.P.No.13931 of 2020 23.10.2024 6/6