Syed Sibghatulla I v. The Chief Executive Officer
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.08.2022
CORAM
THE HONOURABLE MR.JUSTICE M.NIRMAL KUMAR I.Syedisbghatulla ... Petitioner Vs.
1.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.
2.The Inspector of Waqfs, No.51/80, Kadher Avulia Pallivasal Campus, Thiruvananthapuram Road, Pallayamkottai, Tiruvelveli-627002.
3.The Assistant Engineer, Tirunelveli City Municipal Corporation, S.N.High Road, Tirunelveli-627 001.
4.The Inspector of Police, Law and Order, Tirunvelveli Town-627 001.
...Respondents
Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the second respondent to consider the petitioner's representation, dated 01.06.2022 for restoring the Khanmiyan Mosque Burial Ground Waqf, Tirunvelveli 1/4
Town-627 001 to its original use of being used for burial ground for burying people of Muslim faith in the surrounding areas. For Petitioner : Mr.A.Sivasubramaniam For R1 & R2 : Mr.D.S.Haroon Rasheed Standing Counsel For R3 : Mrs.M.Anitha Standing Counsel For R4 : Mr.M.Lingadurai Special Government Pleader
ORDER
The contention of the petitioner is that in Khanmiyan Mosque Burial Ground Waqf, Tirunvelveli demolished tombs and levelled the ground and now, converted into a parking area and collecting huge amount of money in the name of 'Jamatharkal Nalasangam', it is an un-registered organisation without any approval from the authorities. The petitioner wants to pay respect to his elders and forefathers, but he could not identify the burial place due to the various activities of the said unauthorised 'Jamatharkal Nalasangam'. Hence, he sent representation to the respondents 1 and 2 on 01.06.2022, but no action was taken. Thereafter, he filed this writ petition.
2. The learned counsel for the respondents 1 and 2 submits that the second respondent is to conduct an enquiry and give a report. If any misuse and illegal actitivites are found, corrective measures will be taken 2/4
immediately.
3. In view of the same, the second respondent is directed to complete the entire proceedings within a period of two months from the date of receipt of copy of this order and to inform the petitioner the outcome of the enquiry.
4. With the above direction, the writ petition stands disposed of. No costs. 22.08.2022 Index : Yes / No Internet : Yes/ No sn To 1.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai-600 001.
2.The Inspector of Waqfs, No.51/80, Kadher Avulia Pallivasal Campus, Thiruvananthapuram Road, Pallayamkottai, Tiruvelveli-627002.
3.The Assistant Engineer, Tirunelveli City Municipal Corporation, S.N.High Road, Tirunelveli-627 001.
4.The Inspector of Police, Law and Order, Tirunvelveli Town-627 001.
M.NIRMAL KUMAR, J.
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