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Madras High CourtWP(MD)/11945/2025disposed of

M.Mohamed Masnoor Hallaj v. The District Collector

2025-04-25Honourable Mrs Justice J. Nisha Banu,Honourable Mrs Justice S.Srimathy6 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 25.04.2025

CORAM:

THE HONOURABLE MRS.JUSTICE J.NISHA BANU AND THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.11945 of 2025 M.Mohamed Masnoor Hallaj ... Petitioner -Vs1.The District Collector, Collectorate, Thanjavur, 2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

3.The Tahsildar, Papanasam Taluk Office, Papanasam, Thanjavur District.

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

5.The Superintendent of Waqf, O/o. The Superintendent of Waqf, Thanjavur, Thanjavur District.

6.The Inspector of Waqf, O/o. The Inspector of Waqf, Thanjavur, Thanjavur District.

7.The Mohaideen Andavar Pallivasal, Rep. through its Authorized Person, Valuthur Village, Papanasam Taluk, 8.The Village Administrative Officer, O/o. The Village Administrative Officer, Valuthur Village, Papanasam Taluk, 9.O.P.A.Basheer Ahamed ... Respondents PRAYER: Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, directing the respondents 1 to 6 to take appropriate action for removing the encroachment made by the 9th respondent in the Survey Nos.543/2, 543/3, 543/4 and 543/5 situated in Valuthur Village, Papanasam Taluk, Thanjavur District which belong to the 7th respondent Pallivasal by considering the petitioner's representation dated 27.12.2024. For Petitioner : Mr.A.Abdulkabur For R1 to R3 : Mrs.D.Farjana Ghoushia, & R8 Special Government Pleader For R4 to R6 : Mr.D.S.Haroon Rasheed

ORDER

[Order of the Court was made by J.NISHA BANU, J.] By consent of both parties, this Writ Petition is taken up for final disposal at the stage of admission itself.

2.It is the grievance of the petitioner that his representation dated 27.12.2024, to take appropriate action for removing the encroachment made by the 9th respondent in the Survey Nos.543/2, 543/3, 543/4 and 543/5 situated in Valuthur Village, Papanasam Taluk, Thanjavur District, which belong to the 7th respondent Pallivasal, is kept pending till date without any progress. Therefore, he has filed this Writ Petition.

3.Mrs.D.Farjana Ghoushia, learned Special Government Pleader, who takes notice on behalf of the respondents 1 to 3 and 8, submits that the representation of the petitioner would be considered and appropriate orders would be passed in accordance with law within a period that may be stipulated by this Court.

4.Notice to the respondents 7 and 9 is dispensed with, since no adverse order is going to be passed as against them.

5.Considering the limited scope of the prayer sought for by the petitioner, without expressing any opinion on the merits of the claim made by the petitioner either in the representation or in the affidavit filed in support of this Writ Petition, we direct the official respondents to consider the representation of the petitioner dated 27.12.2024, after giving sufficient opportunity of hearing to the petitioner and the 7th and 9th respondents and pass appropriate orders on merits and in accordance with law within a period of twelve (12) weeks from the date of receipt of a copy of this order.

6.With the above direction, this Writ Petition is disposed of. No costs. [J.N.B., J.] & [S.S.Y., J.] 25.04.2025 NCC : Yes / No Index : Yes / No Yuva To 1.The District Collector, Collectorate, Thanjavur,

2.The Revenue Divisional Officer, O/o. The Revenue Divisional Officer, Kumbakonam, Thanjavur District.

3.The Tahsildar, Papanasam Taluk Office, Papanasam, Thanjavur District.

4.The Village Administrative Officer, O/o. The Village Administrative Officer, Valuthur Village, Papanasam Taluk,

J.NISHA BANU, J.

AND S.SRIMATHY , J.

Yuva W.P.(MD)No.11945 of 2025 25.04.2025