A.Sathullah Khan v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 05.06.2025
CORAM
THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ A.Sathullah Khan Petitioner(s) Vs 1.The District Collector, Cuddalore District, Cuddalore.
2.The District Revenue Officer, Cuddalore District Collectorate, Cuddalore.
3.The Revenue Divisional Officer, Panruti, Cuddalore.
4.Tahsildar, Office of Tahsildar, Cuddalore.
5.Tamil Nadu Wakf Board, Rep by its Chief Executive Officer, No.1, Jaffar Sarang Street, Vallal Seethakathi Nagar, Chennai 600 001.
6.Devanathan 7.Kuppusamy 8.Sekar 9.Durai 1/6
10.Raja 11.Arjun 12.Srinivasan 13.Ananthi 14.Gomathi 15.Sekar 16.Vaidiyalingam 17.Vadivelan 18.Shanmugapriya Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus directing the respondents 1 to 4 to mutate the revenue records in respect of the properties belonging to Sheik Ibrahim sha Dargah and Pallivasal Wakf in Survey No 35, 266, 507,120, 352, 358, 394, 789, 1045, 1056, 321, Thiruvathigai Village panruti Taluk, cuddalore district in the name of the Sheik Ibrahim sha Dargah and Pallivasal Wakf as sought by representation dated 07.06.2023 and reminder lastly dated 17.02.2025. For Petitioner(s) : Mr.N.A.Nassir Hussain For Respondent(s) : Mr.P.Sathish Additional Govt. Pleader (for R1 to R4) Mr.S.Haja Mohideen Gisthi Senior Standing Counsel (for R5) 2/6
ORDER
By consent of learned counsel on both sides, this writ petition is taken up for final disposal at the admission stage itself. In view of the order that this Court proposes to pass and also the limited relief that is sought to be granted, notice to respondents 6 to 18 is dispensed with.
2. The present writ petition is filed praying for a writ of mandamus directing the respondents 1 to 4 to mutate the revenue records in respect of the properties belonging to Sheik Ibrahim Sha Dargah and Pallivasal Wakf in Survey Nos.35, 266, 507,120, 352, 358, 394, 789, 1045, 1056, 321, Thiruvathigai Village, Panruti Taluk, Cuddalore district in the name of the Sheik Ibrahim Sha Dargah and Pallivasal Wakf as sought for vide representation dated 07.06.2023 and reminder dated 17.02.2025.
3. It is submitted by the learned counsel for petitioner that petitioner is a registered and notified Wakf. The Wakf owns vast extents of properties which has been set out in the affidavit filed in support of this writ petition. It is the case of the learned counsel for petitioner that respondents 6 to 18 have encroached the properties belonging to the Wakf and had also obtained pattas in their name. Thus, the petitioner has submitted a representation to the 3rd respondent to 3/6
mutate the patta and rectify the alleged errors that had crept in the revenue records.
4. Mr.Haja Mohideen Gisthi, learned counsel takes notice on behalf of Wakf Board.
5. At the outset, Mr.P.Sathish, learned Additional Government Pleader appearing for respondents 1 to 4 would submit that the representation of the petitioner would be considered after putting the private respondents viz., respondents 6 to 18 on notice and after affording the petitioner, Wakf Board and respondents 6 to 18, a reasonable opportunity of hearing, within the time period stipulated by this Court.
6. In view thereof, the writ petition is disposed of with a direction to the 3rd respondent to consider the representation submitted by the petitioner on its own merits and pass appropriate orders in accordance with law, after affording reasonable opportunity of hearing to the petitioner, Wakf Board, respondents 6 to 18 and any other interested persons/stake holders, including rival claimants, if any, within a period of 12 weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the 4/6
merits of the representation and it is open to the concerned respondent to consider the representation on its own merits and in accordance with law. No costs.
05.06.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:
1.The District Collector, Cuddalore District, Cuddalore.
2.The District Revenue Officer, Cuddalore District Collectorate, Cuddalore.
3.The Revenue Divisional Officer, Panruti, Cuddalore.
4.Tahsildar, Office of Tahsildar, Cuddalore.
5.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffar Sarang Street, Vallal Seethakathi Nagar, Chennai 600 001.
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MOHAMMED SHAFFIQ, J.
mka 05.06.2025 6/6