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Madras High CourtWP/40865/2025disposed of

A.Sarfudeen v. The Chief Executive Officer

2026-02-25Honourable Mr Justice S. M. Subramaniam,Honourable Mr.Justice C.Kumarappan4 pages

2026:MHC:872

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 25-02-2026

CORAM

THE HON'BLE MR JUSTICE S. M. SUBRAMANIAM AND THE HON'BLE MR.JUSTICE C.KUMARAPPAN A.Sarfudeen ..Petitioner(s) Vs

1. The Chief Executive Officer Tamil Nadu Waqf Board, No.1., Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai-600 001

2. The District Collector Ariyalur District, Collectorate, Ariyalur-621 704.

3. The Revenue Divisional Officer Udayarpalayam Division, Revenue Divisional Office, Jayankondam, Ariyalur District-621 802

4. The Tahsildar Udayarpalayam Division, Revenue Divisional Office, Jayankondam, Ariyalur District. -621 802

5. The Commissioner Jayankondam Municipality, Jayankondam, Udayarpalayam Taluk, Ariyalur District. -621 ..Respondent(s)

Writ Petition filed under Article 226 of the Constitution of India issuing Writ of mandamus directing the Respondents to forthwith remove the encroachments in Survey No.457/1 GS No.54, Jayankondam, Municipality, Ariyalur District and Secure the notified Waqf burial ground, and to treat and protect the said property as a religious endowment governed by the Waqf Act, 1995 and to coordinate with the Tamil Nadu Waqf Board for its preservation and protection by this Court For Petitioner(s):

Mr. A. Raja Mohamed For Respondent(s):

Mr. Haja Mohideen Gisthi For R1 Mr. T. Arun Kumar Additional Government Pleader For Rr2 To 4 Mr.T.K.Saravanan Additional Government Pleader for R5

ORDER

(Order of the Court was made by S.M.Subramaniam J.) Learned Additional Government Pleader, on instruction from the official respondent, would submit that survey has been conducted and encroachments are identified. Thereafter, notice under Section 128 of Tamil Nadu Urban Local Bodies Act has been issued.

2. Since enforcement action for removal of encroachments is initiated, respondents are directed to complete the same by following the procedure, and by affording opportunity to the parties. If encroachments are identified, afford opportunity to the encroachers and remove the encroachments within a period of twelve weeks from the date of receipt of a copy of this order.

3. Accordingly, the writ petition is disposed of. No cost. Consequently, the connected miscellaneous petitions, if any, are closed. (S.M.S.,J.) (C.K.,J.) 25-02-2026 Index: Yes/No Speaking/Non-speaking order GD To

1. The Chief Executive Officer Tamil Nadu Waqf Board, No.1., Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai-600

2. The District Collector Ariyalur District, Collectorate, Ariyalur-621 704.

3. The Revenue Divisional Officer Udayarpalayam Division, Revenue Divisional Office, Jayankondam, Ariyalur District. -621

4. The Tahsildar Udayarpalayam Division, Revenue Divisional Office, Jayankondam, Ariyalur District. -621

5. The Commissioner Jayankondam Municipality, Jayankondam, Udayarpalayam Taluk, Ariyalur District. -621

S.M.SUBRAMANIAM, J.

AND C.KUMARAPPAN, J.

GD 25-02-2026