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Madras High CourtWP/32181/2024disposed of with direction

Kesar Devi v. The Chairman

2024-10-28Honourable Mr Justice M.Dhandapani6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 28.10.2024

CORAM

THE HONOURABLE MR.JUSTICE M.DHANDAPANI 1.Kesar Devi 2.Inder Kumar Fomra 3.Surendra Kumar Fomra ... Petitioners Vs.

1.The Chairman, Tamil Nadu Waqf Board, Waqf House No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

2.The Chief Executive Officer, Tamil Nadu Waqf Board, Waqf House No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

3.Ameerunnisa Begum Sahiba's Endowments, Rep.by its President, H.M.Muneeb,

No.165/76, Bharathi Salai, Triplicane, Chennai-600 001. ....Respondents PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Mandamus, to direct the respondents 1 and 2 to consider and comply with the representation dated 22.10.2024 for initiating necessary action against the third respondent to not to interfere with the peaceful possession and enjoyment of the leased passage at Old No.39, New No.65, Dr.Radhakrishnan Salai, Mylapore, Chennai-600 004. For Petitioners :

Mr.N.Surya Senthil For Respondents : Mr.Mohammed Fayaz Ali for R1 and R2

O R D E R

This Writ Petition has been filed to direct the respondents 1 and 2 to consider the representation dated 22.10.2024 made by the petitioners for initiating necessary action against the third respondent to not to interfere with the peaceful possession and enjoyment of the leased passage at Old No.39, New No.65, Dr.Radhakrishnan Salai, Mylapore, Chennai.

2. The case of the petitioners is that the petitioners made a representation to the respondent Nos.1 and 2 on 22.10.2024 to initiate action against the third respondent to not to interfere with the peaceful possession and enjoyment of the leased passage at Old No.39, New No.65, Dr.Radhakrishnan Salai, Mylapore, Chennai, however, the same has not been considered so far. Therefore, the petitioners have filed the present writ petition with the aforesaid prayer.

3. The learned counsel appearing for the petitioners would submit that it would suffice, if the respondent Nos.1 and 2 are directed to dispose of the representation of the petitioners, dated 22.10.2024 on merits and in accordance with law, within a specified period.

4. The learned counsel appearing for the respondent Nos.1 and 2 has no serious objection for such an order being passed by this Court.

5. Considering the limited request made by the learned counsel for the petitioners, this Court, without going into the merits of the matter, directs the respondent Nos.1 and 2 to consider the representation of the petitioners, dated 22.10.2024 and pass appropriate orders, on merits and in accordance with law, within a period of four weeks from the date of receipt of a copy of this order.

6. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

28.10.2024 (1/2) NCC: Yes / No Index : Yes / No Speaking Order : Yes / No ssb

To 1.The Chairman, Tamil Nadu Waqf Board, Waqf House No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

2.The Chief Executive Officer, Tamil Nadu Waqf Board, Waqf House No.1, Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.

M.DHANDAPANI, J.

ssb 28.10.2024 (1/2)