Madras High CourtWP/34021/2022disposed of

Syed Sha Rahmathulla Shuttari v. The District Collector

2022-12-20Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 20.12.2022 THE HONOURABLE MR. JUSTICE N.SATHISH KUMAR Syed Sha Rahmathulla Shuttari Dargha and Mosque Waqf, Mannachanallur Taluk, Samayapuram Village, Trichy District, rep. by Hereditary Trustee, Syed Aijazuddin Shuttari, S/o Syed Tajuddin, residing at No.56 LNC Nagar, Thillainayagapuram, Keezhamoongiladi Post, Chidambaram, Tamil Nadu . Pin 608 001.

... Petitioner Vs.

1. The District Collector, Raja Colony, Tiruchirapalli District, Tamilnadu 620 001.

2. Thasildar, Mannachanallur Taluk, Manchanallur Trichy District, Tamil Nadu 620 005.

3. The Chief Executive Officer, Tamil Nadu Waqf Board, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001.

4. The Revenue Divisional Officer, Lalgudi Trichy, No.104/2 Backsid of Bharat Petrol Bunk, Poovalur Road, Lalgudi, Trichy 621 703.

5. The Sub Registrar, Mannachanallur Taluk, Kalvalkara Street, Mannahanallur, Tirchy 621 005.

1/6

6. Inam Samayapuram Village Panchayat, Rep. by its Secretary, Inam Samayapuram Village Panchayat, Inam Samayapuram Manchanallur Taluk, Trichy 621 112.

7. M/s SRV School Campurs, Mannachanallur Taluk, Samayapuram Village, Trichy.

... Respondents.

PRAYER: Writ petition filed under Article 226 of the Constitution of India, seeking Writ of Mandamus, directing the first and second respondents to consider the petitioner's representation dated 06.07.2022 given to the first and second respondents to consider the petitioner's representation dated 06.07.2022 to the first and second respondent's office with direction to conduct a detailed enquiry and to cancel the patta in favour of the 7th respondent and to re-issue patta in favour of the Syed Sha Rahmathulla Shuttari Dargha and Mosque Waqf Manchanallur Taluk, Samayapuram Village, Trichy District, having office at No.56, LNC Nagar, Thillainayapuram, Keezhamoongiladi, Chidambaram, Cuddalore 608 001.

For Petitioner : Mr.Wasiuddin Dadni For Respondents : Mr.V.Nanmaran, Addl.Govt.Pleader for R1, R2, R4 and R5 Mr.C.Shankar, for R3 2/6

ORDER

This writ petition has been filed to direct to first and second respondents to consider the petitioner's representation dated 06.07.2022 and conduct a detailed enquiry and to cancel the patta in favour of the 7th respondent and re-issue patta in favour of the petitioner.

2. According to the petitioner, the properties of the petitioner Dharga and Waqf were wrongly dealt with in violation of Section 51(1A) of the Waqf Act by the respondents and they issued pattas in the name of the third parties as well as the seventh respondent. It is the contention of the petitioner that, though they gave a representation dated 06.07.2022 to cancell the patta issued in favour of the seventh respondent and to re-issue in favour of the petitioner, the respondents did not consider it. Hence the writ petition.

3. Mr.V.Nanmaran, learned Additional Government Pleader takes notice for the respondents 1, 2, 4 and 5. Mr.C.Shankar, learned advocate takes notice for the third respondent. 3/6

4. The learned Additional Government Pleader submitted that the representation of the petitioner would be considered by the authorities concerned and appropriate orders would be passed on its own merits and in accordance with law.

5. Accordingly, the first and second respondents are directed to consider the representation of the petitioner dated 06.07.2022 and to pass orders on its own merits and in accordance with law, within a period of two months from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. No cost.

20.12.2022 Index: Yes/No Internet: Yes/No mst To