Mr.S.Kaleel Rahman v. The Chennai Metropolitan

In the High Court of Judicature at Madras Dated: 09.06.2015 Coram:

The Honourable Mr. SANJAY KISHAN KAUL, Chief Justice and The Honourable Mr. Justice T.S.SIVAGNANAM Writ Petition No. 19193 of 2010 and M.P. No.1 of 2010 S. Kaleel Rahman .. Petitioner vs.

1. The Chennai Metropolitan Development Authority, rep. by its Member Secretary No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

2. The District Collector Tiruvallur District.

3. The Revenue Divisional Officer Ponnery, Tiruvallur District.

4. The President Vanagaram Panchayat Vanagaram, Chennai.

5. The Inspector of Police (L&O) Maduravoyal Police Station Maduravoyal, Chennai 602102.

6. The Tamil Nadu Wakf Board rep. by its Chief Executive Officer No.1, Jafar Sirang Road Seethakadhi Nagar, Chennai - 1.

7. Mr. Shankar

8. XS Real Properties Private Limited rep. by its Director No.12, South Mada Street Srinagar Colony, Saidapet Chennai 600 015.

.. Respondents

Prayer: Petition filed under Article 226 of the Constitution of India praying for issue of a Writ of Mandamus to direct the first respondent to initiate suitable steps immediately to stop the illegal constructions doing by the eighth respondent in Wakf land at Survey No.187, Vanaagaram Village, Ambatur Taluk of Tiruvalur District and also to demolish all the unauthorized constructions carried out in the Wakf land at Survey No.187, Vanaagaram Village Ambatur Taluk of Thiruvalur District.

For Petitioner : Mr. K. Shahul Hameed For Respondents : Mr. V.R. Kamalanathan Addl. Government Pleader for R2 to R5 Mr. N. Sampath for R1 Mr. S. Haja Mohideen Gisthi for R6 Mr. K. Balamurali for M/s. Shivakumar & Suresh for R8

O R D E R

(Made by The Hon'ble The Chief Justice) The public interest litigation in the present proceedings is misconceived, as it is a collateral attempt to challenge the title of the seventh and eighth respondents, even though the seventh respondent had succeeded in the Honourable Supreme Court in establishing that there was no Masjid existing. The Wakf Board is not claiming the land and has refused to interfere in the dispute. In such a situation, the petitioner cannot claim right under the guise of this petition.

2. The writ petition accordingly stands dismissed. No costs. Consequently, M.P. No.1 of 2010 is also dismissed. Sd/- Asst.Registrar (CS IV ) /true copy/ Sub Asst. Registrar ATR Copies to;

1. The Member Secretary Chennai Metropolitan Development Authority No.1, Gandhi Irwin Road Egmore, Chennai 600 008.

2. The District Collector Tiruvallur District.

3. The Revenue Divisional Officer Ponnery, Tiruvallur District.

4. The President Vanagaram Panchayat Vanagaram, Chennai.

5. The Inspector of Police (L&O) Maduravoyal Police Station Maduravoyal, Chennai 602102.

6. The Chief Executive Officer Tamil Nadu Wakf Board No.1, Jafar Sirang Road Seethakadhi Nagar, Chennai - 1.

1 cc to Mr.Shivakumar and Suresh, Advocate, Sr. 27831 1 cc to Government Pleader, Sr. 27724 1 cc to Mr.S.Haja Mohideen Gisthi, Advocate, sr. 27616 1 cc to Mr.N.Sampath, Advocate, Sr. 27648 W.P. No. 19193 of 2010 SVI (CO) kk 19/6