Bilal Mohamed.M v. The Chief Executive Officer

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 23.06.2023

CORAM:

THE HONOURABLE MS.JUSTICE P.T.ASHA W.P.(MD) No.14279 of 2023 and W.M.P(MD) Nos.12079 and 12081 of 2023 M.Bilal Mohamed ... Petitioner Vs.

1.The Chief Executive Officer, Tamil Nadu Wakf Board, Door No.1, Jafar Sirang Street, Vallal Seethakathi Nagar, Chennai-600 001.

2.The Superintendent of Wakf, Tamil Nadu Wakf Board, Madurai-625 001.

3.The Inspector of Wakf, Tamil Nadu Wakf Board, Madurai-625 001.

4.The District Collector, Office of District Collector,

5.The District Revenue Officer, District Collector Office, 6.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Narasingampatti, Melur, Madurai District.

7.The Tahsildar, Melur Taluk, Melur, Madurai District.

8.The President, Melur Mohaideen Aandavar Pallivasal, Melur, Madurai.

9.The Correspondent, Melur A1 Ameen Urdu Tamil Elementary Padasalai, Melur Town, Madurai District.

... Respondents Prayer :- Petition filed under Article 226 of the Constitution of India, praying for issuance of Writ of Certiorarified Mandamus, to call for the record of the first respondent's impugned communication in Na.Ka.No. 15957/2000/A8/Madurai dated 19.072022 and consequential order dated 17.03.2023 quash the same as devoid of merits and directing the respondents No.1 to 7 to stop their actions in respect of the property of

the ninth respondent in Town Survey No.5, Old Survey No.227/2B, Block No.31, Ward No.A an extent of 1 Acre 25 cents in Melur Town, Madurai District and decide the issue by considering the petitioner's representation dated 07.04.2023, within the period as stipulated by this Court.

For Petitioner : Mr.A.Haja Mohideen For R1 to R3 : Mr.D.S.Haroon Rasheed For R4 to R7 : Mr.T.Amjadkhan Government Advocate For R8 : Mr.M.Mahaboob Athiff

ORDER

The above writ petition has been filed for issuance of Writ of Certiorarified Mandamus to call for the record of the first respondent's impugned communication in Na.Ka.No.15957/2000/A8/Madurai dated 19.072022 and consequential order dated 17.03.2023 and quash the same as devoid of merits and directing the respondents No.1 to 7 to stop their

actions in respect of the property of the ninth respondent in Town Survey No.5, Old Survey No.227/2B, Block No.31, Ward No.A measuring to an extent of 1 Acre 25 cents in Melur Town, Madurai District and decide the issue by considering the petitioner's representation dated 07.04.2023, within the period as stipulated by this Court.

2. Today, an undertaking affidavit has been filed by the eight respondent that they will not utilise the property in question as Kabarsthan (grave yard) and that he will not interfere in the management and administration of the school. Therefore, the relief sought for by the petitioner in this writ petition has been granted.

3. In view of the above, this Writ Petition is disposed of. The undertaking affidavit shall form part of the records. No costs. Consequently, connected miscellaneous petitions are closed. 23.06.2023 NCC : Yes/No Index : Yes/No Internet : Yes/No cp

To 1.The District Collector, Office of District Collector, 2.The District Revenue Officer, District Collector Office, 3.The Revenue Divisional Officer, Office of Revenue Divisional Officer, Narasingampatti, Melur, Madurai District.

4.The Tahsildar, Melur Taluk, Melur, Madurai District.

P.T.ASHA, J.

cp W.P.(MD) No.14279 of 2023 Dated: 23.06.2023