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Madras High CourtWP/25733/2018disposed of

S.Mowsik Beevi v. The District Collector Cum District Magistrate

2018-10-03Honourable Mr Justice R. Mahadevan3 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 03.10.2018

CORAM

THE HONOURABLE MR. JUSTICE R.MAHADEVAN W.P.No.25733 of 2018 S.Mowsik Beevi .. Petitioner Vs 1.The District Collector cum District Magistrate, Kancheepuram District, Office of the District Collector, Kancheepuram - 621 501.

2.The Chief Executive Officer, Tamil Nadu Wakf Board, No.1, Jabar Sairam Street, Vallal Seethakathi Nagar, Chennai - 600 001 3.Butt Road Jumma Masjid, Represented by The care taker President, Executive Committee, Butt Road Jumma Masjid, No.5/64, Butt Road, St. Thomus Mount, Chennai 600 016 4.K.A.Sabudeen 5.S.Jawahar Ali 6.T.Kuthbudeen .. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a writ of Mandamus, directing the first respondent to conduct enquiry and pass orders on petitioner's complaint dated 11.10.2017 in accordance to the procedure prescribed under section 15(A) of the Indian Police Act, 1961 within the time limit that may be fixed by this Court.

For Petitioner : Mr.R.Balachanderan For Respondents : Mr.J.Ramesh Additional Government Pleader

for R1

ORDER

By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 2.The petitioner has come up with this writ petition seeking a direction to the first respondent to conduct enquiry and pass orders on her complaint dated 11.10.2017 in accordance with the procedure prescribed under section 15(A) of the Indian Police Act, 1961 within a time frame.

3.According to the learned counsel for the petitioner, the petitioner has lodged a complaint dated 11.10.2017 with regard to some disputes in respect of her shop, but, the same is yet to be disposed of by the first respondent. However, the learned counsel submitted that it would suffice, if the said complaint made by the petitioner is directed to be considered by the first respondent, on merits, in line with G.O. Ms. No.99 dated 21.09.2015 which prescribes outer time limit for disposal of the representation.

4.Mr.J.Ramesh, learned Additional Government Pleader taking notice for the first respondent, submitted that the first respondent be directed to consider the petitioner's complaint and pass orders in accordance with law.

5.Considering the facts and circumstances of the case and having regard to the submissions made by the learned counsel on either side, this Court directs the first respondent to consider the petitioner's complaint dated 11.10.2017 in the light of G.O. Ms.No.99 dated 21.09.2015 and pass appropriate orders, on merits and in accordance with law, after affording due opportunity of hearing to the petitioner as well as any of the interested parties, within a period of six weeks from the date of receipt of a copy of this order.

6.Accordingly, this writ petition stands disposed of. No costs.

Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar vga

To

1. The District Collector cum District Magistrate, Kancheepuram District, Office of the District Collector, Kancheepuram - 621 501.

2. The Executive officer, Tamil Nadu Wakf Board, No.1. Jabar Saivan Street, Vallal Seethakathi Nagar, Chennai-1.

+1cc to Mr.R.Balachanderan, Advocate, S.R.No.68095 +1cc to the Government Pleader, S.R.No. 68551. W.P.No.25733 of 2018 RSV(CO) rrs 23/10/2018