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Madras High CourtWP/26648/2017withdrawn dismissed

D.Dhanavel v. The Chairman

2022-03-10Honourable Mr Justice V. Bharathidasan6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 10.03.2022

CORAM:

THE HONOURABLE MR.JUSTICE V.BHARATHIDASAN W.P.Nos.26648, 28132 & 28801 of 2017 and W.M.P. Nos. 28373 to 28375, 30263 to 30265, & 30991, 30992 of 2017 D.Dhanavel, S/o. Dhanapal ... Petitioner in W.P.

No.26648 of 2017 S.R.Govindasamy, S/o. C.Raji ... Petitioner in W.P.

No.28132 of 2017 Ramadev @ K. Daruram, S/o. G. Khivraj ... Petitioner in W.P.

No.28801 of 2017 Vs.

1. The Chairman, Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Parrys, Chennai-1.

2. The District Collector,

3. The District Revenue Officer, 1/6

4. The Revenue Divisional Officer, Ranipet, Vellore Dt.

5. The Tahsildar, Walajapet Taluk,

6. The Muthavalli, Navalpur Jamiya Masjit, Ranipet, Vellore Dt.

... Respondents in all W.P.s Prayer in W.P.No. 26648 of 2017 : Writ Petition filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order made in Mu.Mu.B3/64583/2000 dated 24.12.2000 passed by the 3rd respondent and the order made in O.Mu.R.T.R./2740/2015, dated 15.11.2015 passed by the 5th respondent and the order made in Mu.Mu.A4/6212/2016 dated 26.12.2016 passed by the 3rd respondent and consequent order made in Na.Ka.D3/2028/2017 dated 17.07.2017 issued by the 3rd respondent and quash the same and consequently forbearing the respondents from disturbing the petitioner's possession of the property comprised in T.S.No.113 and 116, in Ward No.B, Block No.6, measuring about 1748 sq.ft. situated at Door No.35A/2, M.P.T.Road, Ranipet, Vellore District. 2/6

Prayer in W.P.No. 28132 of 2017 : Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order made in Mu.Mu.B3/64583/2000 dated 24.12.2000 passed by the 3rd respondent and consequent order made in Na.Ka.D3/2028/2017 dated 17.07.2017 issued by the 3rd respondent and order made in Ni.Mu.D3/2028/2017 dated 12.09.2017 passed by the 3rd respondent and quash the same and consequently forbearing the respondents from disturbing the petitioner's possession of the property comprised in T.S.No.113 and 116, in Ward No.B, Block No.6, situated at Door No.35A/2, M.P.T.Road, Ranipet, Vellore District. Prayer in W.P.No.

28801 of 2017 : Writ Petitions filed under Article 226 of the Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order made in Mu.Mu.B3/64583/2000 dated 24.12.2000 passed by the 3rd respondent and consequent order made in Na.Ka.D3/2028/2017 dated 17.07.2017 issued by the 3rd respondent and order made in Ni.Mu.D3/2028/2017 dated 12.09.2017 passed by the 3rd respondent and quash the same and consequently forbearing the respondents from disturbing the petitioner's possession of the property comprised in T.S.No.113 and 116, in Ward No.B, Block No.6, situated at Door No.35A/2, M.P.T.Road, Ranipet, Vellore District.

For Petitioners in all W.P.s : Mr.G.Pugazhenthi For Respondents in all W.P.s : Mr.V.Raghavachari for R1 Mr.M.Shahjahan, Special Govt. Pleader for R2 to R5 Mr. R.Sankarappan for R6

O R D E R

These Writ Petitions have been filed challenging the orders passed by the 3rd respondent and consequently forbearing the respondent from disturbing the petitioners possession of the property comprised in T.S.No.113 and 116 in Ward No.B, Block No.6, situated at Door No.35A/2, M.P.T. Road, Ranipet, Vellore Dt.

2. Today, when the matters were taken up for hearing, Mr.G.Pugazhenthi, learned counsel appearing for the petitioners, on instructions, would submit that the petitioners want to withdraw these Writ Petitions with a liberty to raise all the issues before the Wakf Tribunal, wherein, the petitioners have filed suits in O.S.Nos.332 to 334 of 2019 and he has also made endorsement to that effect.

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3. In view of the submission made by the learned Counsel appearing for the Petitioners, these Writ Petitions are dismissed as withdrawn with a liberty to raise all the grounds raised in these Writ Petitions before the Wakf Tribunal in O.S.Nos.332 to 334 of 2019. No costs. Consequently, connected Writ Miscellaneous Petitions are closed.

10.03.2022 rpp To

1. The Chairman, Tamil Nadu Wakf Board, No.1, Jaffar Syrang Street, Parrys, Chennai-1.

2. The District Collector,

3. The District Revenue Officer,

4. The Revenue Divisional Officer, Ranipet, Vellore Dt.

5. The Tahsildar, Walajapet Taluk, Vellore Dt.

6. The Muthavalli, Navalpur Jamiya Masjit, Ranipet, Vellore Dt.

5/6

V.BHARATHIDASAN, J.

rpp 10.03.2022 6/6