Madras High CourtWP(MD)/2174/2017disposed of

Mohideen Andavargal Grama v. The Superintendent

2017-02-09Honourable Mr Justice K. Ravichandrabaabu2 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED:09.02.2017

CORAM:

THE HONOURABLE MR.JUSTICE K.RAVICHANDRABAABU W.P.(MD)No.2174 of 2017 Mohideen Andavargal Grama Palli Nirvaha Sabai, Valuthoor, Papanasam Taluk, Thanjavur District, represented by its O.P.A.Basheer Ahmed Secretary In-charge ... Petitioner Vs.

1.The Superintendent, Wakf Board, 27 Diwan Nagar, Court Road, Thanjavur.

2.The Inspector of Wakfs, Wakf Board, 27 Diwan Nagar, Court Road, Thanjavur ... Respondents PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus directing the respondents herein to take necessary action to hand over the key of the Office room of the Mohideen Andavargal Grama Palli Nirvaha Sabai, on the basis of the representation given by the petitioner on 06.01.2017 within the time stipulated by this Honble Court. For Petitioner : Mr.B.Jameel Arasu For Respondents : Mr.K.K.Senthil

O R D E R

Mr.K.K.Senthil, learned Standing Counsel takes notice for the respondents.

2. By consent of parties, the main Writ Petition itself is taken up for final disposal.

3. The petitioner claims that in pursuant to the death of the Secretary of Mohideen Andavargal Grama Palli Nirvaha Sabai, he being the Joint Secretary is entitled to function and however, he is prevented from doing so, as the office of the Sabai has been locked by some persons and the key is not handed over to the petitioner to enter into the office.

4. Ventilating such grievance, the petitioner has made a representation on 06.01.2017 before the respondents. As the said representation has not been considered so far, he has approached this Court and filed the present writ petition.

5. This Court, at this stage, is not expressing any view on the claim made by the petitioner and it is for the respondents to consider and decide based on the representation given by the petitioner.

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6. Therefore, this writ petition is disposed of only by directing the respondents to consider the representation of the petitioner dated 06.01.2017 and pass orders on the same, on merits and in accordance with law, also after hearing the rival claimants if any, within a period of eight weeks from the date of receipt of a copy of this order. No costs.

Sd/- Assistant Registrar(WRITS) /True Copy/ Sub Assistant Registrar To 1.The Superintendent,Wakf Board, 27 Diwan Nagar, Court Road Thanjavur.

2.The Inspector of Wakfs,Wakf Board, 27 Diwan Nagar, Court Road,Thanjavur.

+1cc to M/s K.K.Senthil,Advocate, SR No.7167 cm ms/jm/13.2.2017/2p.4c W.P.(MD)No.2174 of 2017 09.02.2017 https://hcservices.ecourts.gov.in/hcservices/