The Ashur Khana Wakf, v. The District Revenue Officer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATE: 28.09.2016

CORAM

THE HONOURABLE MR.JUSTICE M.JAICHANDREN Writ Petition No.15279 of 2013 and M.P.Nos.1 and 2 of 2013 The Ashur Khana Wakf, rep by A.Sabjan Hereditary Muthavalli, S/o.Abdul Rahman .. Petitioner Vs.

1.The District Revenue Officer, Ariyalur District.

2.The Revenue Divisional Officer, Udayarpalayam, Ariyalur District.

3.The Tahsildar, Jayamkondam, Udayarpalayam, Ariyalur District.

4.The Executive Officer, Udayarpalayam Town Panchayat, Udayarpalayam, Ariyalur District.

5.A.Kadhar Batcha 6.A.Shake Ibrahim 7.S.Nazar .. Respondents Petition filed under Article 226 of the Constitution of India, seeking a Writ of Mandamus, directing the second respondent to consider and pass appropriate order on the petitioner's representation, dated 2.1.2013, which is pending on the file of the second respondent, in Na.Ka.A2/188/13 in respect of preventing from auction, cutting trees, fencing and remove the stored valuable wood of Asurkhana Wakf properties, at Udayarpalayam, by the respondents 5 to 7.

For Petitioner : Mr.R.Sethuvarayar For Respondents: Mr.V.Jayaprakash Narayanan, Spl.G.P. for RR1 to 4 Mr.L.Senthilvadivu for RR5 and 6 https://hcservices.ecourts.gov.in/hcservices/

ORDER

Heard.

This writ petition has been filed, praying that this Court may be pleased to issue a Writ of Mandamus, directing the second respondent to consider and pass appropriate order on the representation of the petitioner, dated 2.1.2013, with regard to the cutting of trees from the property belonging to Ashur Khana Wakf, Udayarpalayam Taluk, Ariyalur District and auctioning of the same.

The petitioner has stated that he is the Muthavalli of the Ashur Khana Wakf. It has also been stated that he has filed a civil suit, in O.S.No.177 of 1991, on the file of the Sub Court, Ariyalur, seeking a similar relief, as in the present writ petition.

In view of the submissions made by the learned counsel appearing on behalf of the petitioner, the Court is of the view that the present writ petition is not maintainable. Hence, this writ petition stands dismissed. No costs. Consequently, connected miscellaneous petitions are closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar vvk To 1.The District Revenue Officer, Ariyalur District. 2.The Revenue Divisional Officer, Udayarpalayam, Ariyalur District.

3.The Tahsildar,Jayamkondam, Udayarpalayam, Ariyalur District.

4.The Executive Officer, Udayarpalayam Town Panchayat, Udayarpalayam, Ariyalur District.

+1cc to Mr.M. Senthilvadivu, Advocate, S.R.No.55308 +1cc to Mr.R. Senthuvarayar, Advocate, S.R.No.55897 +1cc to the Government Pleader, S.R.No.56093 SV(CO) EU(12/11/2016) W.P.No.15279 of 2013 https://hcservices.ecourts.gov.in/hcservices/