Agha Mohideen Mosque v. The Corpn.Of Chennai

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.06.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.13006 of 2003 and W.M.P.No.16309 of 2003 Agha Mohideen Mosque, Rep. by its Secretary, A.K.Jarook Ali, S/o. Ahmed Kabir, No.10, 14th Cross Street, Mandavelipakkam, Chennai - 28.

... Petitioner Vs

1. The Corporation of Chennai, Rep. by its Commissioner, Rippon Building, Chennai - 3.

2. The Assistant Executive Engineer, Division 147, Zone X, Sirungeri Madam, Chennai - 28.

3. The Tamil Nadu Wakf Board, by its Chief Executive Officer, No.3, Santhome High Road, Chennai - 4.

... Respondents PRAYER:

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus, forbearing the respondents 1 and 2 from forming and laying road in any manner in the Agah Mohideen Mosque notified Wakf measuring 19.5 grounds in R.S.No.3092 Mylapore Chennai.

For Petitioner : Mr.N.A.Nissar Ahmed For Respondents : No appearance

O R D E R

The learned counsel appearing for the writ petitioner submitted that the relief sought for in this writ petition is for a direction to forbear the respondents 1 and 2 from forming and laying road in any manner in the Agah Mohideen Mosque, notified Wakf, measuring 19.5 grounds in R.S.No.3092 Mylapore, Chennai.

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2.Interim Order was granted at the time of admission by this Court as early as on 25.04.2003, and the same is in force for the past about 14 years. At this juncture, Mr.N.A.Nissar Ahmed, learned counsel submitted that the road in question is not laid for the past 14 years and it is in the usage of the public at large.

3.In view of the same, no further consideration in this Writ Petition is required and accordingly the Writ Petition stands closed. No costs. Consequently, connected Miscellaneous Petition is also closed.

Sd/- Assistant Registrar(CS IV) //True Copy// Sub Assistant Registrar Ah/rpa To

1. The Commissioner, Corporation of Chennai, Rippon Building, Chennai - 3.

2. The Assistant Executive Engineer, Division 147, Zone X, Sirungeri Madam, Chennai - 28.

3. The Chief Executive Officer, Tamil Nadu Wakf Board, No.3, Santhome High Road, Chennai - 4.

+1cc to Mr.N.A.Nissar Ahmed, Advocate, S.R.No.45038 W.P.No.13006 of 2003 CS IV CA(14/07/2017) https://hcservices.ecourts.gov.in/hcservices/