Madras High CourtWP(MD)/4084/2020dismissed

J.R.Eswaralal v. Estate Officer

2022-04-26Honourable Mr Justice C. Saravanan2 pages

W.P.(MD) No.4084 of 2020 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 26.04.2022

CORAM:

THE HONOURABLE MR.JUSTICE C.SARAVANAN W.P.(MD) No.4084 of 2020 and W.M.P.(MD) No.3453 of 2020 J.R.Eswaralal ... Petitioner /vs./ 1.Estate Officer, Tamil Nadu Waqf Board, Waqf House No.1, Jaffar Syarang Street, Vallai Seethakathi Nagar, Chennai 600 001.

2.The Waqf Superintendent, Sothern Zone (Madurai and Dindigul Districts), No.29, T.B.Road, Madurai 625 010.

3.Inspector of Police, Therkkuvasal Police Station, Madurai.

4.The President, Therkash Mahalla Pathu Nonbu, Chavadi Jamath, No.44, Kazimar Street, Madurai 625 001.

... Respondents PRAYER: Writ Petition filed under Article 226 of the Constitution of India for issuance of Writ of Mandamus, to direct the respondents 1, 2, 3, 4 not to evict the petitioner from the property bearing Door No.18(old Door No.12 A, Kaja Street, Survey Ward No.4, in T.S.No.1926, Madurai-1 except under due process of law based on the representation dated 14.02.2019.

For Petitioner : Mr.C.S.Ravichandran For R1 & R2 : Mr.S.A.Ajmal Khan For R3 : Mr.M.Prakash Additional Government Pleader

ORDER

The petitioner has filed this writ petition for a Mandamus to direct the respondents 1 to 4 to not to evict the petitioner from https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P.(MD) No.4084 of 2020 the property bearing D.No.18 (Old D.No.12A), Kaja Street, Survey Ward No.4, in T.S.No.1926, Madurai-1 except under due process of law, based on the representation dated 14.02.2019 of the petitioner. 2.The learned counsel for the respondents 1 and 2 submits that pursuant to the order dated 12.02.2020 in W.P.(MD) No.16777 of 2019 filed by one B.Abdul Allam, the possession of the property was taken over, which has been acknowledged by the petitioner on 15.12.2021 in the presence of the 3rd respondent/the Inspector of Police. 3.Considering the above, the writ petition is liable to be dismissed as infructuous and is accordingly dismissed. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar (AS) // True Copy // / /2022 Sub Assistant Registrar(CS) mm To 1.The Inspector of Police, Therkkuvasal Police Station, Madurai.

2.The Additional Public Prosecutor, Madurai Bench of Madras High Court, Madurai.

W.P.(MD)No.4084 of 2020 26.04.2022 RD(18.05.2022) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2