Sowcar v. K.V. Munvar Basha
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.06.2025
CORAM
THE HONOURABLE MRS. JUSTICE J.NISHA BANU AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.A.No.1732 of 2025 and C.M.P.Nos.13142 of 2025 Sowcar, Son of Shakur ...Appellant Vs.
1. K.V.Munvar Basha, Son of Basu Sahib
2. B.N.Kaisar S/o K.B.Nawab Jan
3. B.N.Nasar, Son of K.B.Nawab Jan
4. The District Collector, O/o District Collector, Thiruvannamalai District, Thiruvannamalai.
5. The Revenue Divisional Officer, O/o The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai.
6. The Tahsildar, O/o Chettupatu Tahsildar Office, Thiruvannamalai District.
7. The Taluk Head Surveyor, Office of Tahsildar of Chetpet, Chepet, Thiruvannamalai District.
8. The Inspector of Police, Chetpet Police Station, Chetpet Town, Thiruvannamalai District.
9. Wakf Superintendent, O/o Wakf Superintendent, Wakf Board, Vellore Range, Bagathursha Masjith Campus, 8th Arani Road, Sainathapuram, Vellore - 632 001.
... Respondents Prayer: Writ Appeal filed under Clause 15 of the Letters Patent as against the to set aside the order dated 23.05.2025 passed by this Court in W.P.No.19032 of 2025.
For Appellant : Mr.L.Gavaskar For Respondents : Mr.Vadivel deenadayalan, Addl.Govt.Pleader for R4 to R8 Mr.Abdul Mubeen for R9
JUDGMENT
(The Judgment of the Court was delivered by J.Nisha Banu,J.) This Writ Appeal has been filed as against the order dated 23.05.2025 passed in W.P.No.19032 of 2025.
2. The appellant is the 7th respondent in the writ petition. According to the appellant, the Tamil Nadu Wakf Board has appointed him as Muthavalli by order dated 12.06.2024 to manage the referred Wakf and its properties. The respondents 1 to 3/writ petitioners have
fraudulently created documents in respect of the referred Wakf property and falsely claiming that they are the owners of the Wakf property. They have filed W.P.No.19032 of 2025 against the respondents seeking for a direction to survey the land in question and to fix the boundary. This Court, vide order dated 23.05.2025 disposed of the said writ petition directing the respondents to survey the land after serving notice to all persons interested in the land.
3. On perusal of the order passed by the writ Court, it is seen that the said order has been passed directing the respondents 1 to 4 to serve notice to all the persons concerned and thereafter, survey the land and fix the boundary. The present writ appeal has been filed to set aside the said order. We are not inclined to interfere with the said order dated 23.05.2025 passed by this Court. However, the respondents 1 to 4 are directed to serve notice to all the persons interested in the subject land and to consider the objections, if any, and to survey the same and fix the boundary.
4. With the above observation, the Writ Appeal stands dismissed. No costs. Conseqently, connected miscellaneous petition is closed. [J.N.B.,J.] [M.J.R.,J.] 16.06.2025 vsi
J.NISHA BANU,J.
AND M.JOTHIRAMAN,J.
vsi To
1. The District Collector, O/o District Collector, Thiruvannamalai District, Thiruvannamalai.
2. The Revenue Divisional Officer, O/o The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai.
3. The Tahsildar, O/o Chettupatu Tahsildar Office, Thiruvannamalai District.
4. The Taluk Head Surveyor, Office of Tahsildar of Chetpet, Chepet, Thiruvannamalai District.
5. The Inspector of Police, Chetpet Police Station, Chetpet Town, Thiruvannamalai District.
6. Wakf Superintendent, O/o Wakf Superintendent, Wakf Board, Vellore Range, Bagathursha Masjith Campus, 8th Arani Road, Sainathapuram, Vellore - 632 001.
W.A.No.1732 of 2025 16.06.2025