A.V. Habibullah v. The District Collector
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 22.05.2025
CORAM
THE HONOURABLE MR.JUSTICE G.R.SWAMINATHAN and THE HONOURABLE MR.JUSTICE V. LAKSHMINARAYANAN and W.M.P.No.21196 of 2025 A.V.Habibullah .. Petitioner vs 1.The District Collector, 2.The Tamilnadu Waqf Board, Rep. by the Chief Administrative Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
3.The Superintendent of Waqf, Tamilnadu Waqf Board, Coimbatore Region, Upplipalayam Masjid Building, 15-16, Avinashi Road, Coimbatore - 641 018.
4.The Sub Collector, O/o. Sub Collector, Pollachi.
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5.The Revenue Divisional Officer, Revenue Divisional Office, Pollachi Taluk.
6.The Executive Officer, Anaimalai Town Panchayat, Anaimalai Taluk, Pollachi.
7.The Tahsildar, Anaimalai Village, Pollachi Division Taluk, 8.Sakthi Nivetha 9.Kalaiselvi .. Respondents Prayer : Writ Petition filed under Article 226 of the Constitution of India praying to issue a writ of mandamus forbearing the respondents from reclassifying/fencing the burial ground at S.No.264, Anaimalai Village, Pollachi Taluk.
For Petitioner : Mr.I.Abrar Md. Abdullah For Respondents-2 & 3 : Mr.R.Abdul Mubeen For Respondents-1, 4 to 7 : Mr.S.Praphakaran Government Advocate 2/5
ORDER
(Made by G.R.SWAMINATHAN., J.) Heard the learned counsel for the petitioner and the learned Government Advocate for respondents 1, 4 to 7 and the learned Standing Counsel for the respondents 2 and 3/Tamilnadu Waqf Board. Issuance of notice to respondents 8 and 9 is dispensed with.
2. This writ petition is not maintainable. If we entertain this writ petition and grant any relief as prayed for, it would run counter to the earlier order dated 15.03.2024 made in W.P.Nos.5040 and 5044 of 2023. The petitioner herein has to necessarily file a third party review petition and obtain the relief.
3. Granting the aforesaid liberty, the writ petition is dismissed. No costs. Consequently, the connected miscellaneous petition is closed. [G.R.S.,J] [V.L.N.,J] 22.05.2025 Index:Yes/No Speaking order/Non-speaking order rsi/rka 3/5
To 1.The District Collector, 2.The Tamilnadu Waqf Board, Rep. by the Chief Administrative Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.
3.The Superintendent of Waqf, Tamilnadu Waqf Board, Coimbatore Region, Upplipalayam Masjid Building, 15-16, Avinashi Road, Coimbatore - 641 018.
4.The Sub Collector, O/o. Sub Collector, Pollachi.
5.The Revenue Divisional Officer, Revenue Divisional Office, Pollachi Taluk.
6.The Executive Officer, Anaimalai Town Panchayat, Anaimalai Taluk, Pollachi.
7.The Tahsildar, Anaimalai Village, Pollachi Division Taluk, 4/5
G.R.SWAMINATHAN, J.
and V. LAKSHMINARAYANAN, J.
rsi/rka and W.M.P.No.21196 of 2025 22.05.2025 5/5