Masjid E Ayesha v. The District Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 19.12.2019

CORAM

THE HONOURABLE MR. JUSTICE C.V.KARTHIKEYAN W.P.No.13422 of 2019 Masjid E.Ayesha Perumbakkam Islamia Sunnath Jamaath Periyar Salai, Perumbakkam, Medavakkam (P.O) Chennai - 600 100.

Rep. By its Secretary A.Shahul Hameed .. Petitioner ..Vs..

1. The District Collector, Kancheepuram District, Kancheepuram - 631 501.

2. The Revenue Divisional Officer, Tambaram, Kancheeepuram District.

3. The Tahsildar, Sholinganallur, Kancheepuram District.

..Respondents PRAYER : Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents to allot Survey No.398/5, Perumbakkam Village, Sholinganallur Taluk, Kancheepuram District measuring an extent of 0.20.0 Ares to the petitioner viz., Masjid E Ayesha Perumbakkam Islamia Sunnath Jamaath for the purpose of "Gabarsthan"(Burial Ground).

For Petitioner : Mr.M. Silambuoli For Respondents : Mr.R. Govindarajan Special Government Pleader.

O R D E R

The writ petition has been filed in the nature of a mandamus directing the respondents to allot Survey No.398/5 in Perumbakkam Village in Sholinganallur Taluk, Kanchipuram District, which measures to an extent of 0.20.0 Ares, to the petitioner viz., Masjid E Ayesha Perumbakkam Islamia Sunnath Jamaath for the purpose of "Gabarsthan" (Burial Ground). Earlier orders have been passed directing the Tahsildar to examine the entire issue.

2.Heard, Mr.M.Silambuoli, learned counsel appearing for the petitioner and Mr.R.Govindarajan, learned Government Pleader appearing for the respondents.

3. Today, it is represented by the learned Special Government Pleader that the Tahsildar had given a report to the DRO and the DRO had forwarded the report to the District Collector. It is stated that the District Collector, in view of the fact that, Vellore District, has now been bifurcated into Ranipet District and Thiruppathur District, has to also consider the jurisdictional aspect and thereafter, the entire file would be transferred to the Government and the Government will pass necessary orders.

4. It is further stated that in view of these facts, the entire procedure, would be completed on or before 29.02.2020.

5. Recording the said statement, the writ petition stands disposed of and it is hoped that the concerned authorities would pass final orders on or before 29.02.2020.

Sd/- Assistant Registrar(CJ Conf) //True copy// Sub Assistant Registrar kv To

1. The District Collector, Kancheepuram District, Kancheepuram - 631 501.

2. The Revenue Divisional Officer, Tambaram, Kancheeepuram District.

3. The Tahsildar, Sholinganallur, Kancheepuram District.

W.P.No.13422 of 2019 SPD(CO) GMY(29/01/2020)