Lalgudi Mosque Waqf (G.S.No.254/Try) v. The Chief Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 30.01.2025

CORAM

THE HONOURABLE MR.JUSTICE K.KUMARESH BABU Lalgudi Mosque Waqf (G.S.No.254/Try), Represented by its President, L.H.Imam Baigh

...Petitioner

Vs 1.The Chief Executive Officer, The Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai 600 001.

2.The District Collector, District Collectorate Office, Raja Colony, Trichy - 620 001.

3.The Civil Supplies and Consumer Protection Department, Represented by its Commissioner, Chepauk, Chennai - 600 005.

4.Lalgudi Municipality, Represented by its Commissioner, Paramasivapuram, Lalgudi - 621 601, 1/5

5.Amudham Retail Store, Shop No.13DA001PN, Ward No.18, Lalgudi Town, ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying this Court to issue a Writ of Mandamus, directing the first respondent to dispose the application filed by the petitioner under Section 54 of the Waqf Act 1995 dated 26.09.2024 and take necessary action to recover the Lalgudi Mosque Waqf property in S.No.58/A, Lalgudi Village, Trichy measuring an extent of 1100 Sq.Ft encroached by the respondents 4 and 5 situated at Lalgudi Village, Trichy District, within a stipulated time.

For Petitioner : Mr.A.Ajimath Begum For R-1 : Mr.K.Jeyamohan For R-2 and R-3 : Mr.J.K.Jeyaseelan Government Advocate

O R D E R

Heard Mr.A.Ajimath Begum, learned counsel for the petitioner, Mr.K.Jeyamohan, learned counsel for the 1st respondent and Mr.J.K.Jeyaseelan, learned Government Advocate for the respondents 2 and 3.

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2. The Writ Petition is filed praying for a Mandamus, directing the first respondent to dispose the application filed by the petitioner under Section 54 of the Waqf Act 1995 dated 26.09.2024 and take necessary action to recover the Lalgudi Mosque Waqf property in S.No.58/A, Lalgudi Village, Trichy measuring an extent of 1100 Sq.Ft encroached by the respondents 4 and 5 situated at Lalgudi Village, Trichy District.

3. In view of the limited relief proposed to be granted by this Court, notice to the respondents 4 and 5 is dispensed with.

4. Considering the fact the petitioner's application is pending from 26.09.2024 which is also acknowledged by the learned counsel appearing for the Waqf Board, there shall be a direction to the first respondent to dispose of the application dated 26.09.2024 filed by the petitioner under Section 54 of the Waqf Act, 1995, within a period of twelve weeks from the date of receipt of a copy of this order. It is made clear that the first respondent shall also issue notice to the fifth respondent herein before passing orders on merits and in accordance with law.

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

30.01.2025 NCC:yes/no Index:yes/no Internet:yes/no Nsr To:

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

2.The District Collector, District Collectorate Office, Raja Colony, Trichy - 620 001.

3.The Civil Supplies and Consumer Protection Department, Represented by its Commissioner, Chepauk, Chennai - 600 005.

4.Lalgudi Municipality, Represented by its Commissioner, Paramasivapuram, Lalgudi - 621 601, 4/5

K.KUMARESH BABU , J.

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