K.V.P.M.Jafarullah, v. The District Collector,

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 31.05.2018 CORAM :

THE HONOURABLE MR.JUSTICE M.V.MURALIDARAN W.P.(MD).No.11371 of 2018 K.V.P.M.Jafarullah

...Petitioner

Vs.

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Revenue Divisional Officer, Pudukkottai District, Pudukkottai.

... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the second respondent to invoke his power under Section 68 of the Wakf Act, 2013 and thereby hand over the possession and records of the Wakf namely Hazarath Khadir Ibrahim Aulia Alim Dargah to its mutawalli i.e., the petitioner and his brother and pass appropriate orders by considering the petitioner's representation, dated 02.05.2018 within a time frame as fixed by this Court.

For Petitioner : Mr.S.Sukumar For Respondents : Mr.VR.Shanmuganathan Special Government Pleader

ORDER

Mr.VR.Shanmuganathan, learned Special Government Pleader takes notice for the respondents.

2. By consent, the writ petition itself is taken up for final hearing.

3. The petitioner has come up with the present writ petition for a mandamus directing the second respondent to invoke his power under Section 68 of the Wakf Act, 2013 and thereby hand over the possession and records of the Wakf namely Hazarath Khadir Ibrahim Aulia Alim Dargah to its mutawalli i.e., the petitioner and his brother and pass appropriate orders by consider the petitioner's representation, dated 02.05.2018 https://hcservices.ecourts.gov.in/hcservices/

4. Considering the limited scope of the matter, without expressing any opinion on the claim made by the petitioner, I direct the second respondent to consider the representation of the petitioner, dated 02.05.2018 and pass orders on merits and in accordance with law, after affording an opportunity of personal hearing to the petitioner and the persons in administration of the Wakf Board, within a period of four weeks from the date of receipt of a copy of this order.

5. The Writ Petition is disposed of with the above directions. No costs.

Sd/- Assistant Registrar(AD-II) /True Copy/ Sub Assistant Registrar To

1. The District Collector, Pudukkottai District, Pudukkottai.

2. The Revenue Divisional Officer, Pudukkottai District, Pudukkottai.

+2cc to Mr.S.Sukumar, Advocate Sr.No.66462 +1cc to The Spl. Government Pleader Sr.No.66524 RMK VB/SKN/RSK/SAR1/04.06.2018/2P/6C W.P.(MD).No.11371 of 2018 31.05.2018 https://hcservices.ecourts.gov.in/hcservices/