Jamiya Masjid Rep By Its Mutawalli v. The Sub Collector

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 11.11.2024

CORAM

THE HONOURABLE MS. JUSTICE P.T. ASHA Jamiya Masjid rep., by its Mutawalli, Mr.Eshan Ulla Khan

...Petitioner

Vs.

1.The Sub-Collector, Office of the Sub-collector, Hosur, Hosur Taluk, Krishnagiri District.

2.The Tahsildar, Hosur Taluk 3.Jarunissa 4.Tamil Nadu Wakf Board, Represented by Chief Executive Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai 600001.

...Respondents

Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Mandamus, directing to 1st respondent to pass final orders in the proceedings in Na.Ka.No.2183/2022/P3 dated 18.08.2023 1/5

in the matter of claim of patta by the 3rd respondent for the Lands in question in the name of the petitioner Mosque considering the representation made by the petitioner dated 21.08.2023.

For Petitioner : Mr.S.Sadasharam For Respondents : Mr.P.Satish Additional Government Pleader for R1 & R2 Mr.R.Bharath Kumar for R3 Mr.S.Haja Mohideen Senior Panel Counsel for R4

ORDER

This writ petition has been filed for the following relief: Praying for the issuance of writ of mandamus to direct the 1st respondent to pass final orders in the proceedings in Na.Ka.No.2183/2022/P3 dated 18.08.2023 in the matter of claim of patta by the 3rd respondent for the Lands in question in the name of the petitioner Mosque considering the representation made by the petitioner dated 21.08.2023. 2.It is stated that enquiry was held on 21.08.2023 where all parties have participated. Though over a year has passed, the orders have not been passed by the 1st respondent.

3.Heard the learned counsel on either side.

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4.It is now informed that the earlier officer who held the enquiry, is no longer holding the said post and the incumbent officer has taken charge. 5.Considering the facts that the person who had held the enquiry is someone else, the 1st respondent shall issue fresh notice to the parties for enquiry; hear their objection in person and thereafter, pass a detailed order entire exercise shall be concluded within a period of 8 weeks from the date of receipt of a copy of this order.

Accordinlgy, the writ petition stands allowed. No costs. 11.11.2024 vsn Index:Yes/No Speaking/Yes/No Neutral case citation: Yes/No 3/5

To 1.The Sub-Collector, Office of the Sub-collector, Hosur, Hosur Taluk, Krishnagiri District.

2.The Tahsildar, Hosur Taluk 3.Jarunissa 4.Tamil Nadu Wakf Board, Represented by Chief Executive Officer, No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai 600001.

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P.T. ASHA, J.

vsn 11.11.2024 5/5