Madras High CourtCRP(MD)/1130/2014disposed of

Walajah Nawab Mehabura v. Palanimuthu

2024-07-22Honourable Mr Justice K.K. Ramakrishnan10 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 22.07.2024

CORAM

THE HONOURABLE MR.JUSTICE K.K.RAMAKRISHNAN C.R.P(MD)No.1130 of 2014 Walajah Nawab Mehabura Pallivasal Wakf, rep. By its Muthavalli, Subedar Khan, S/o.Ibrahim Khan, 3/327, Muslim Street, Vaalikandapuram, Veppanthattai Taluk, Perambalur District.

... Petitioner Vs.

1.Palanimuthu 2.Thangavel 3.Angamuthu 4.Kannaiyan 5.The Collector, Perambalur Distirct.

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6.The Thasildar, Veppanthattai Taluk, Perambalur District.

7.The Head Surveyor, Veppanthatti Taluk, Perambalur District.

... Respondents (Respondents 5 to 7 are suo motu impleaded as per the order of this Court dated 22.03.2024) PRAYER: Civil Revision Petition has been filed under Section 227 of The Constitution of India, to set aside the judgement and decree of Principal Subordinate Judge, Trichy, in Wakf O.P.No.13 of 2001 dated 01.07.2009 and to allow the Civil Revision Petition.

For Petitioner : Mr.S.Mahalakshmi For R2 to R4 : Mr.C.Sasikumar For R5 to R7 : Mr.A.K.Manikkam Special Government Pleader 2/10

ORDER

This Criminal Revision Petition has been filed to set aside the judgement and decree of Principal Subordinate Judge, Trichy, in Wakf O.P.No.13 of 2001 dated 01.07.2009 and to allow the Civil Revision Petition.

2. The petitioner/Muthavalli representing for Walajah Nawab Mehabura Pallivasal filed an Wakf OP.No.13 of 2001 on the file of the learned Principal Subordinate Judge, Trichy, under Section 83 of Wakf Act, 1995, restraining the respondents herein from using the suit scheduled property as pathway to reach the "Angalamman temple" situated at Valigandapuram Village, Veppanthattai Taluk, Perambalur District. The said application was dismissed stating that there was a pathway to reach the temple. Challenging the same, the Muthavalli have preferred this revision.

3. Today (22.07.2024), when the matter is taken up for hearing, both counsel on record would submit that they have already filed joint compromise memo, which is extracted here under :- 3/10

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4.Both parties are present before this Court and their identity has also been verified. The contents of the above joint compromise memo dated 18.07.2024 are read over and explained to both the parties and they would admit the same. The joint compromise memo filed by both the parties is recorded. 5.Accordingly, this Civil Revision Petition stands allowed in terms of the compromise dated 18.07.2024. The joint compromise memo shall form part and parcel of this order. No costs.

22.07.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No tta 8/10

To 1.The Principal Subordinate Court, Trichy.

2.The Collector, Perambalur Distirct.

3.The Thasildar, Veppanthattai Taluk, Perambalur District.

4.The Head Surveyor, Veppanthatti Taluk, Perambalur District.

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K.K.RAMAKRISHNAN, J.

tta C.R.P(MD)No.1130 of 2014 22.07.2024 10/10