M.Malik Basha v. Tamil Nadu Wakf Board
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 28.10.2021
CORAM
THE HONOURABLE MR.JUSTICE R.MAHADEVAN W.P. NO. 23412 OF 2021 N. Malik Basha .. Petitioner
Versus
1. Tamil Nadu Wakf Board No.1, Jaffer Syrang Road VallalSeethakathi Nagar Chennai - 600 001
2. The Chief Executive Officer Tamil Nadu Wakf Board No.1, Jaffer Syrang Road VallalSeethakathi Nagar Chennai - 600 001
3. The Superintendent of Wakf Poonamalle Zone Big Mosque Complex Poonamalle Chennai - 600 056
4. The Sub-Registrar Cheyyar Sub-Registration Office Chengalpattu District
5. The Tahsildar Cheyyur Taluk Chengalpattu District
6. The President Majid-e-Akbar Madaraza Rahmania Mosque Koovathur Pettai
Koovathur Village Cheyyur POST Chengalpattu District
7. SheikAadham
8. S.Manikandan .. Respondents Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, directing the respondents 1 & 2 to take appropriate action to retrieve the Wakf lands i.e., land measuring an extent of 8 acres 77 cents in S.No. 201 of previously known as Annaikattu Revenue Village, presently known as Parameswaramangalam Revenue Village, Cheyyur Taluk, Chengalpattu District and other wakf properties which are belongs to the Parameswaramangalam (Masjid-e-Ibrahim Mosque) by directing the 4th respondent not entertain or register the Petitioner's representation dated 25.01.2021. For Petitioner : Mr.A.Ilaya Perumal For Respondents : Mr.Haja Mohideen Gisthi for R1 Mr.Stalin Abhimanyu Government Counsel for R4-R5
ORDER
Today, when the matter is taken up for consideration, the learned counsel appearing for the first respondent submits that the representation made by the petitioner on 25.01.2021 is vague and it is bereft of the extent of land said to have been encroached/occupied and the first respondent cannot take any action on the same.
2. In view of the aforesaid submission made on the side of the first respondent, the learned counsel appearing for the petitioner seeks liberty to the petitioner to submit a detailed representation afresh to the respondents for consideration, for which there is no serious objection on the side of the respondents.
3. Considering the submissions made by the learned counsel for both sides, this court, without expressing any opinion on the merits of the case, grants liberty to the petitioner to submit a comprehensive representation furnishing all the details along with a copy of this order, within a period of two weeks from the date of receipt of a copy of this order.
On making such representation, the respondent authorities are directed to afford an opportunity of hearing to the petitioner as well as respondents 6 to 8, consider the documentary evidence that may be submitted by them and thereafter pass an order, on merits and in accordance with law, as expeditiously as possible, preferably within a period of six weeks thereafter.
4. Accordingly, the writ petition stands disposed of. No costs.
Sd/- Assistant Registrar(CS-V) // True Copy // Sub Assistant Registrar dhk/rsh To
1. Tamil Nadu Wakf Board, No.1, Jaffer Syrang Road, VallalSeethakathi Nagar, Chennai - 600 001.
2. The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jaffer Syrang Road, VallalSeethakathi Nagar, Chennai - 600 001.
3. The Superintendent of Wakf, Poonamalle Zone, Big Mosque Complex, Poonamalle, Chennai - 600 056.
4. The Sub-Registrar, Cheyyar Sub-Registration Office, Chengalpattu District.
5. The Tahsildar, Cheyyur Taluk, Chengalpattu District.
+1cc to Mr.A.Ilaya Perumal, Advocate, S.R.No.55709 WP No. 23412 of 2021 SVI(CO) RLP(24/11/2021)