Masid-E-Munavvara & v. The Secretary
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 29.08.2016
CORAM
THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN W.P.No.29858 of 2016 and W.M.P.No.25849 of 2016 Masjd-E-Munavvara & Madrasa
...Petitioner
-Vs1.The Secretary, Revenue Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.
2.The Secretary, Backward, Most Backward Classes & Minority Welfare Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.
3.The District Collector, Thiruvallur District, Thiruvallur (W.E) 4.The Principal Secretary/Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
5.The Tahsildar, Ambattur Taluk, Ambattur, Chennai.
6.The Zonal Officer, Corporation of Chennai, Zone No.II, No.123, Arcot Road, Valasaravakkam, Chennai - 600 087.
...Respondents
Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, directing the 1st respondent to take immediate action based upon the
recommendation dated 19.09.2010 issued by the third respondent and the letter issued by the third respondent to 4th respondent on 02.10.2001 vide Na.Ka.No.10411/97/AA-1 and consequently consider the petitioner's representations dated 27.06.2016 and 28.06.2016 issued to the 1st & 2nd respondents respectively within a time frame fixed by this Court.
For Petitioner : Mr.R.Abdul Mubeen For Respondents: Mr.S.Navaneethan, Additional Govt. Pleader [R1 to R5] Mr.A.Nagarajan [R6]
O R D E R
By consent, this Writ Petition is taken up for final disposal.
2. The petitioner Association claims that it was formed only for the welfare of the predominat Muslim resident population of Valasaravakkam locality and there is also a Mosque and Madrasa in existence ever since in the year 1992 and the petitioner Association repeatedly made a representation to the respondents 3 to 6 for allotment of a land for putting up a Muslim burial ground for the use of 9000 Muslim families situated in the locality and despite very many positive recommendations have been made, no action has been taken by the third respondent and hence, came forward to file this writ petition.
3. Heard the submissions of Mr.R.Abdul Mubeen, learned counsel appearing for the petitioner, Mr.S.Navaneethan, learned Additional Government Pleader, who accepts notice on behalf of the respondents 1 to 5 and Mr.A.Nagarajan, learned counsel, who accepts notice on behalf of the sixth respondent.
4. A perusal of the typed set of documents would disclose many other things that the fourth respondent vide letter No.F3/11974/2016 dated 19.07.2017, has directed the third respondent to take necessary action and send a fresh proposal urgently.
5. In the light of the above facts and circumstances, this Writ Petition is disposed of and the third respondent is directed to respond to the communication of the fourth respondent dated 19.07.2016 within a period of six weeks from the date of receipt of a copy of this order and on receipt of the said proposal, the fourth respondent is directed to take immediate and necessary action within a further period of six weeks thereafter and communicate the decision taken, to the
petitioner Association. No costs. Consequently, connected miscellaneous petition is closed.
Sd/- Asst.Registrar (CS V ) /true copy/ Sub Asst. Registrar To 1.The Secretary, Revenue Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.
2.The Secretary, Backward, Most Backward Classes & Minority Welfare Department, Government of Tamil Nadu, Secretariat, Fort St. George, Chennai - 600 009.
3.The District Collector, Thiruvallur District, Thiruvallur (W.E) 4.The Principal Secretary/Commissioner of Land Administration, Ezhilagam, Chepauk, Chennai - 600 005.
5.The Tahsildar, Ambattur Taluk, Ambattur, Chennai.
6.The Zonal Officer, Corporation of Chennai, Zone No.II, No.123, Arcot Road, Valasaravakkam, Chennai - 600 087.
+1 cc to Mr.A.Nagarajan, advocate,sr.49335.
+1 cc to Mr.A.Abdulmubeen, advocate,sr.48591. nr(co) krd 23/9 W.P.No.29858 of 2016