T.Rasheed Thayub v. The Principal Secretary

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 17.10.2022

CORAM

THE HON'BLE MR. JUSTICE P.D. AUDIKESAVALU T.Rasheed Thayub ... Petitioner -vs1. The Principal Secretary, BC, MBC & Minorities Welfare Department, Chennai, Tamil Nadu - 600008.

2. Tamil Nadu Wakf Board, Rep by its Chief Executive Officer, No.1 Jaffer Syrang Street, Mannady, Chennai - 600001.

3. The Adhoc Administrators, Nagore Dargha Office, Nagore - 611002, Nagapattinam District.

... Respondents Prayer:- Writ Petition filed under Article 226 of the Constitution of India, 1950, praying to issue a Writ of Mandamus, directing the Second Respondent to consider the Petitioner representation dated 02.04.2021 and pass orders under Waqf Act.

For Petitioner :

Mr. S.V.Karthikeyan For Respondents :

Mr. S.Ravikumar Special Government Pleader (for R1) Mr. V.Lakshminarayanan (for R2 & R3) 1/4

O R D E R

Heard Mr. S.V.Karthikeyan, Learned Counsel for the Petitioner, Mr. S.Ravikumar, Learned Special Government Pleader appearing for the First Respondent and Mr. V.Lakshminarayanan, Learned Counsel for the Second and Third Respondents and perused the materials placed on record, apart from the pleadings of the parties.

2.

The Writ Petition has been filed for directing the Second Respondent to consider the representation dated 02.04.2021 made by the Petitioner for eviction of unauthorized occupants in the premises of the Dargha of the Third Respondent.

3.

Learned Counsel for the Second and Third Respondents, on instructions, states that the Chief Executive Officer of the Waqf Board as the Estate Officer under the Tamil Nadu Public Premises (Eviction of Unauthorised Occupants) Act, 1975 has initiated proceeding for eviction unauthorized occupants from the premises of the Dargha of the Third Respondent and the said exercise would be completed within a period of four weeks from today. In such 2/4

circumstances, nothing remains for further consideration in the Writ Petition, but if the Petitioner still has any other grievance, he is not precluded from working out his rights before the proper forum in the manner recognized by law.

4.

In fine, the Writ Petition is disposed with the aforesaid observations. No costs.

17.10.2022 kv Index: Yes/No Note: Issue order copy by 04.11.2022.

To

1. The Principal Secretary, BC, MBC & Minorities Welfare Department, Chennai, Tamil Nadu - 600008.

2. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1 Jaffer Syrang Street, Mannady, Chennai - 600001.

3. The Adhoc Administrators, Nagore Dargha Office, Nagore - 611002, Nagapattinam District.

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P.D. AUDIKESAVALU, J.

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