Hazarath Syed Sha Meeran Vali v. The Tamil Nadu Waqf Board

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 24.06.2024

CORAM

THE HONOURABLE MR. JUSTICE N. SATHISH KUMAR W.P.No.16122 of 2024

1. Hazarath Syed Sha Meeran Vali Hussaini Qadiri Dargha, Masjid and Burial Ground (wakf) (G.s.no.682/NA) Rep by its Muthawalli Syed Rahmathullah Panchapandavar Malai Badam Pahad Villivakkam Village, Ranipet District.

... Petitioner .. Vs ..

1. The Tamil Nadu Waqf Board Rep. by its Chief Executive Officer No.1 Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

2. The District Collector, Collectorate Office, Ranipet District.

3. The Tahsildar Kalavai Road, Arcot H.O., Arcot-632 503.

4. The Head Surveyor Arcot Taluk Office, Arcot, Ranipet District.

5. L.A.loganathan Mudaliyar ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents 2 and 3 to survey and mark four boundaries of the petitioners waqf property measuring an 1/5

extent of 42.91.0 Hectares which is situated in S.Nos. 858 / A 858/B 871/A 871/B Panchapandavarmalai Village Arcot Taluk Ranipet District based on the petitioners application dated 31.08.2021 within a stipulated time that may deem fit and proper of the circumstances of the case. For Petitioner : Ms.A.Ajimath Begam For Respondents : Mr.C.Shankar - R1 Mr.A.Selvendran Special Government Pleader - R2 to R4

ORDER

Since no adverse Order has been passed against the fifth respondent, notice to him is dispensed with. With the consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

2. This writ petition is filed to direct the respondents 2 and 3 to survey and mark four boundaries of the petitioners waqf property measuring an extent of 42.91.0 Hectares which is situated in S.Nos. 858/A, 858/B, 871/A, 871/B Panchapandavarmalai Village, Arcot Taluk, Ranipet District based on the petitioners application dated 31.08.2021 within a stipulated time that may deem fit and proper of the circumstances of the case. 2/5

3. Heard learned counsel for the petitioner and the learned counsel appearing for the first respondent and the learned Special Government Pleader appearing for the respondents 2 to 4 and perused the materials available on record.

4. It is the case of the petitioner that in the year 1955, the petitioner Dargha, Masjid and Burial Ground were notified as wakf assigned with G.S.No.682 NA. The grievance of the petitioner is that though he has sent a representation to the second respondent, to survey and mark four boundaries of the properties of the wakf, the same has not been considered by the respondents. Hence, the present Writ Petition has been filed.

5. Considering the limited relief sought for by the petitioner, the second and third respondents are directed to consider the representation of the petitioner dated 12.02.2024 and pass Orders on the same on merits and in accordance with law, after giving notice to the first and fifth respondents, within a period of the two months from the date of receipt of a copy of this Order.

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6. With the above direction, this writ petition is disposed of. No costs. 24.06.2024 vrc Index :Yes/No Internet :Yes/No : Yes/No To,

1. The Chief Executive Officer, The Tamil Nadu Waqf Board No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

2. The District Collector, Collectorate Office, Ranipet District.

3. The Tahsildar Kalavai Road, Arcot H.O., Arcot-632 503.

4. The Head Surveyor Arcot Taluk Office, Arcot, Ranipet District.

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N. SATHISH KUMAR , J.

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