Mohamed Ali Kuthba Thaikal Eidgah Masjid v. The District Collector

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 04.02.2026

CORAM

THE HONOURABLE MR.JUSTICE K.SURENDER Mohamed Ali Kuthba Thaikal Eidgah Masjid, Rep. by its Muthawalli, K.Mohammed Arif Rabbani, Railway Colony, Thanjavur District.

... Petitioner Vs.

1.The District Collector, O/o. the District Collectorate, Thanjavur District.

2.The Commissioner, O/o. the Commissioner, Thanjavur Municipal Corporation, Thanjavur District.

3.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Thanjavur District.

4.The Tahsildar, Thanjavur Taluk, Thanjavur District.

5.The Superintendent of Waqf, Thanjavur, Thanjavur District.

... Respondents Page No. 1 of 6

Prayer : Writ Petition filed under Article 226 of the Constitution of India, for issuance of a Writ of Mandamus directing the fourth respondent to issue patta in the name of the petitioner Waqf qua the land situated in T.S.No.2987/2, Pudhupattinam, Thanjavur Taluk, Thanjavur District in the light of the representations dated 03.09.2013 as followed by the reminder dated 18.11.2025 preferred by the petitioner waqf within the period that may be stipulated by this Court.

For Petitioner : Mr.S.Iniyavan Abdullah For R1, R3 & R4 : Mr.D.Sadiq Raja Additional Government Pleader For R2 : Mr.N.Dilip Kumar

O R D E R

This Writ Petition has been filed seeking issuance of a Writ of Mandamus directing the fourth respondent to issue patta in the name of the petitioner Waqf in respect of the land situated in T.S.No.2987/2, Pudhupattinam, Thanjavur Taluk, Thanjavur District, in the light of the representation dated 03.09.2013, followed by the reminder dated 18.11.2025, submitted by the petitioner Waqf, within such period as may be stipulated by this Court.

2. With the consent of the parties, this Writ Petition is taken up for final disposal at the admission stage itself. Page No. 2 of 6

3. The grievance of the petitioner is that the subject land belongs to the petitioner Waqf. The extract of the Land Tax Collection Chitta Register records the ownership, possession and enjoyment of the property by the petitioner Waqf. The then Muthavalli of the petitioner Waqf submitted a representation dated 03.09.2013 to the first respondent seeking issuance of patta in respect of the land in the name of the petitioner Waqf. The first respondent forwarded the said representation to the fourth respondent for submission of a report. However, no action was taken thereon.

4. Thereafter, a similar representation was submitted to the District Backward Classes and Minorities Welfare Officer, Thanjavur, who, in turn, forwarded the same to the fourth respondent for suitable action. Even thereafter, no action was taken. The petitioner also submitted a further representation dated 18.10.2025 to the respondents, which did not evoke any response. Hence, the petitioner has been constrained to file the present Writ Petition.

5. The learned Additional Government Pleader appearing for the first, third and fourth respondents, on instructions, would submit that the Page No. 3 of 6

petitioner's representations dated 03.09.2013 and 18.11.2025 would be considered and appropriate orders would be passed by the fourth respondent within a period of twelve weeks.

6. Recording the above submission and without expressing any opinion on the merits of the matter, this Writ Petition is disposed of with a direction to the fourth respondent to consider the petitioner's representations dated 03.09.2013 and 18.11.2025 and pass appropriate orders on its merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order. The representations shall be disposed of after conducting an enquiry. The fourth respondent is also directed to provide a reasonable opportunity of hearing to the petitioner and any other interested parties who may be affected by such decision, before passing any order. In the event of any rival claims, the parties are at liberty to pursue their remedies before the competent Civil Court. There shall be no order as to costs.

[K.SURENDER, J.] 04.02.2026 JEN Index : Yes / No Page No. 4 of 6

To 1.The District Collector, O/o. the District Collectorate, Thanjavur District.

2.The Commissioner, O/o. the Commissioner, Thanjavur Municipal Corporation, Thanjavur District.

3.The Revenue Divisional Officer, O/o. the Revenue Divisional Officer, Thanjavur District.

4.The Tahsildar, Thanjavur Taluk, Thanjavur District.

5.The Superintendent of Waqf, Thanjavur, Thanjavur District.

Page No. 5 of 6

K.SURENDER , J.

JEN 04.02.2026 Page No. 6 of 6