Nawab Jamiya Masjid v. The Revenue Divisional

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 02.11.2016

CORAM

THE HONOURABLE Mr.JUSTICE B.RAJENDRAN WP.No.37953 of 2016 Nawab Jamiya Masjid, Rep.by its Muthavalli Mr.S.Said, Srimushnam,Kattumannarkoil Taluk, Cuddalore District.

..Petitioner ...Vs...

1.The Revenue Divisional Officer, Chidambaram.

2.The Collector, Cuddalore.

3.The Tahsildar, Kattumannarkoil,Taluk.

..Respondents Prayer:

Writ petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the respondents to dispose of the petitioner's representation dated 08.09.2015 to convert Survey Number 93/4, Srivakkaramari, Srimushnam Village, Cuddalore Taluk of an extent of 0.69 acres as belong to Mosque instead of showing them as Government poromboke in the revenue record.

For Petitioner :

Mr.G.Suryanarayanan For Respondents :

Mr.R.S.Selvam, GA

ORDER

Heard the learned counsel for the petitioner and Mr.R.S.Selvam, learned Government Advocate accepting notice on behalf of the respondents and with the consent on either side, the writ petition is taken up for final disposal. The case of the petitioner is that the property admeasuring to an extent of 0.69 ares comprised in S.No.93/4, situated in Srivakkaramari Srimushnam Village, Cuddalore Taluk, belongs to the Mosque and that the Government granted patta in

respect of the said property in the year 1972 itself and the same has been mentioned in the "A" Register. Further, there is a Mosque, burial ground, house, garden and shops in the said property and that the same belongs to the mosque. Since the revenue records shows that the said land is a Government Poramboke land, the persons occupying the property are attempting to grab the same in their respective individual names and in this regard, the petitioner submitted a representation on 08.09.2015 to the respondents to make necessary changes in the revenue records. Though the said representation was received and acknowledged, the same has not been considered till date and hence, the petitioner submitted yet another representation on 15.10.2016 and since he is yet to be favoured with any kind of response, the petitioner is constrained to approach this Court with the present writ petition.

Though the petitioner has prayed for a larger relief, this Court, in the light of the above facts and circumstances and without going into the merits of the claim projected by the petitioner either in this petition or in his representations, directs the 1st respondent to consider and dispose of the petitioner's representations dated 08.09.2015 and 15.10.2016 on merits and in accordance with law and pass orders as expeditiously as possible and communicate the decision taken, to the petitioner.

The writ petition stands disposed of with the above direction. No costs.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar AP

To 1.The Revenue Divisional Officer, Chidambaram.

2.The Collector, Cuddalore.

3.The Tahsildar, Kattumannarkoil, Taluk.

+1cc to Mr.G. Suryanarayanan, Advocate, S.R.No.62001 +1cc to the Government Pleader, S.R.No.62310 VGI(CO) EU 2.12.16 WP.No.37953 of 2016