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Madras High CourtWP/2537/2023disposed of

Muhammad Mujeebur Rahman v. The Commissioner

2023-02-02Honourable Mr Justice N. Sathish Kumar6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 02.02.2023

CORAM

THE HONOURABLE MR.JUSTICE N. SATHISH KUMAR W.P.No. 2537 of 2023 Muhammad Mujeebur Rahman .. Petitioner

Versus

1.The Commissioner Corporation of Greater Chennai Ripon Building, Park Town Chennai -600 003

2. The Additional Commissioner of Police (Traffic) Greater Chennai Corporation No.139, EVK Sampath Salai Vepery, Chennai - 600 007 3.The Joint Commissioner (Health) Corporation of Greater Chennai Park Town, Chennai - 600 003 4.The Zonal Officer Zone XIII, No.115 First Floor Dr.Muthulakshmi Building Adyar, Chennai - 600 020 5.The Chief Executive Officer Tamil Nadu State Waqf Board No.1, Jaffar Syrang Street Vallal Seethalakathi Nagar 1/6

Chennai - 600 001 6.The Inspector of Police J1 Police Station No.49/1 Anna Salai Saidapet (West), Chennai - 600 015 7.Shahnawaz Begum 8.Riyaz Hussain 9.Thiru Kumar 10.Thiru Yuvaraj .. Respondents Prayer:Writ Petition filed under Article 226 of the Constitution of India to issue a Writ of Mandamus, to direct the fifth respondent to consider the petitioner's representation dated 11.09.2022 and 05.10.2022. For Petitioner : Mr.Shaikh Mehrunnisa Kasim For Respondents : Mrs.P.T.Ramadevi for R1, 3 & 4 Mrs.R.Anitha for R2 & 6 Special Government Pleader Mr.Abdul Mubeen for R5

ORDER

This Petition has been filed seeking to direct the fifth respondent to consider the petitioner's representation dated 11.09.2022 and 05.10.2022.

2. The case of the petitioner is that the seventh respondent is an illegal encroacher upon the Waqf property and has sublet to the premises to the respondents 8 to 10, who are engaged in illegal activties. Hence, the 2/6

petitioner sent a representation to the respondents on 11.09.2022 and 05.1.2022 seeking to remove the encroachers from the waqf property. However, the same is pending without consideration till date. Hence, this petition.

3. Heard both sides and perused the materials placed on record.

4. Having regard to the facts and circumstances of the case and limited relief sought for in this writ petition, this Court directs the fifth respondent to consider the representations of the petitioner dated 11.09.2022 and 05.10.2022 and pass appropriate order(s) on merits within a period of one month from the date of receipt of a copy of this Order after giving opportunity to the petitioner as well as respondents 8 to 10.

5. With the above directions, this writ petition stands disposed of. No costs.

02.02.2023 dhk Index : Yes / No 3/6

Speaking Order : Yes / No To 1.The Commissioner Corporation of Greater Chennai Ripon Building, Park Town Chennai -600 003

2. The Additional Commissioner of Police (Traffic) Greater Chennai Corporation No.139, EVK Sampath Salai Vepery, Chennai - 600 007 3.The Joint Commissioner (Health) Corporation of Greater Chennai Park Town, Chennai - 600 003 4.The Zonal Officer Zone XIII, No.115 First Floor Dr.Muthulakshmi Building Adyar, Chennai - 600 020 5.The Chief Executive Officer Tamil Nadu State Waqf Board No.1, Jaffar Syrang Street Vallal Seethalakathi Nagar Chennai - 600 001 6.The Inspector of Police J1 Police Station No.49/1 Anna Salai Saidapet (West), Chennai - 600 015 4/6

N.SATHISH KUMAR, J.

dhk 5/6

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