Musthafa, v. The Chief Executive Officer,

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 07.11.2017

CORAM

THE HONOURABLE MR.JUSTICE RAVICHANDRABAABU W.P.No.28375 of 2017 Musthafa ..Petitioner vs.

1. The Chief Executive Officer, Tamilnadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Sithakathi Nagar, Chennai-1.

2. The Superintendent of Wakfs,

3. The Inspector of Wakfs, ... Respondent Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus to direct the 1st respondent to consider the petitioner's representations dated 16.06.2017 and 27.07.2017 to take action for removing encroachment in S.No.81/16 to the extent of 2.12 Acres, S.No.83 to the extent of 2.02 Acres in Akkanur Village, Thittakudi Taluk, Cuddalore District.

For Petitioner : Mr.G.Mohammed Aseef For Respondents : Mr.V.Lakshminarayanan, Standing Counsel.

O R D E R

Mr.V.Lakshminarayanan, learned Standing Counsel takes notice for the respondents. By consent of the parties, the writ

petition is taken up for final disposal at the admission stage itself.

2. The petitioner seeks for a Mandamus to direct the 1st respondent to consider the petitioner's representations dated 16.06.2017 and 27.07.2017, wherein and whereby, he sought for removing the encroachment in S.No.81/16 to the extent of 2.12 Acres, S.No.83 to the extent of 2.02 Acres in Akkanur Village, Thittakudi Taluk, Cuddalore District.

3. The grievance of the petitioner before this Court, is that the said request has not been considered so far. This Court, at this stage, is not expressing any view on the merits of the claim made by the petitioner, as it is for the respondents to consider and decide the same on merits and in accordance with law. Accordingly, this writ petition is disposed of, only by directing the 1st respondent to consider the representations of the petitioner dated 16.06.2017 and 27.07.2017 and pass orders on the same on merits and in accordance with law, after giving due opportunity of hearing to the petitioner as well as the other affected persons. Such exercise shall be done by the 1st respondent within a period of twelve weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar /true copy/ Sub Assistant Registrar vsi To

1. The Chief Executive Officer, Tamilnadu Wakf Board, No.1, Jaffar Syrang Street, Vallal Sithakathi Nagar, Chennai-1.

2. The Superintendent of Wakfs,

3. The Inspector of Wakfs, 1 cc to Mr.G.Mohammed Aseef, Advocate, Sr. 78921 W.P.No.28375 of 2017 kk 27/11