Madras High CourtWP/2321/2016disposed of

S.R.Anwar, v. The District Collector,

2016-01-25Honourable Mr Justice M.M.Sundresh3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25.01.2016

CORAM

THE HON'BLE Mr. JUSTICE M.M.SUNDRESH W.P.No.2321 of 2016 S.R.Anwar ..

Petitioner Vs.

1. The District Collector, Salem.

2. The Revenue Divisional Officer, Salem.

3. The Tahsildar, Salem Central Division, Seri Road, Salem.

4. The Commissioner, Salem Municipality, Salem.

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

..Respondents Petition filed under Article 226 of The Constitution of India praying to issue a writ of mandamus directing the third respondent to mutate revenue record in respect of S.No.470/1, T.S.No.1/1, Salem Tatakapatti measuring 5.98 acres as muslim burial ground.

For Petitioner ..

Mr.N.A.Nissar Ahmed For Respondents 1 to 3 ..

Mrs.P.Rajalakshmi Government Advocate For 4th Respondent ..

Mrs.K.Bhuvaneswari For 5th Respondent ..

Mr.V.Lakshmi Narayanan

ORDER

The petitioner has come forward to file this writ petition that the property situated in S.No.470/1, T.S.No.1/1, Salem Tatakapatti is a wakf property and therefore, the revenue record which stands as of now will have to be reclassified as Muslim burial ground instead of Municipal burial ground. 2.Learned counsel for the petitioner submitted that though a larger prayer is sought for, it would suffice that the 3rd respondent may be directed to adjudicate on the complaint made by the petitioner in this regard.

3.Considering the above submission, the 3rd respondent is directed to pass appropriate orders on the pending representation of the petitioner dated 27.02.2014 within a period of eight weeks from the date of receipt of a copy of this order, after affording an opportunity to the petitioner as well as 4th respondent. It is well open to the 3rd respondent to hear the 5th respondent, if so required.

4.With the above direction, the Writ Petition is disposed of. No costs.

sgl s/d- Assistant Registrar(J) True Copy Sub-Assistant Registrar To