Pattu Bava Dargah Inam Waqf v. The Tamil Nadu Waqf Board

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 18.07.2025

CORAM:

THE HONOURABLE MR.JUSTICE S.SOUNTHAR Pattu Bava Dargah Inam Waqf, Rep. by its President A. Abbas.

...

Petitioner Vs 1 The Tamil Nadu Waqf Board, Rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2 The District Collector, District Collector Office, Theni District 625 531.

3 The Revenue Divisional Officer, Periyakulam, Theni District.

4 The Commissioner, Periyakulam Municipality, Periyakulam, Theni District.

5 The Special Tahsildar, Periyakulam, Theni District.

...

Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the respondents 2 to 5 to mutate the town survey land register in the name of pattu Bava Dargah Inam Waqf for the T.S.No.1797 measuring an extent of 1760 sq. ft. situated at Periyakulam Town and Taluk, Theni District.

For Petitioner :

Mrs.A.Ajimath Begum For Respondent 1 : Mr.S.A.Ajmal Khan For Respondents 2,3 & 5 : Mr.A.Baskaran, Addl. Govt. Pleader.

For Respondent 4 : Mr.N.Dilip Kumar

ORDER

The petitioner herein seeks a direction to respondents 2 to 5 to mutate the town survey land register pertaining to T.S.No.1797 at Periyakulam Town and Taluk, Theni District, in the name of petitioner Dargah.

2. When the writ petition came up for hearing, Mr.N.Dilip Kumar, who takes notice for fourth respondent, would submit that similar request of the petitioner was already negatived by District Revenue Officer, Theni, in his order in Na.Ka.No.45518/2022/D5 Nisi, dated 06.12.2023.

3. A perusal of the order passed by District Revenue Officer, Theni, dated 06.12.2023, would indicate that the petitioner made a similar request earlier and Tahsildar granted patta in favour of the petitioner and the same was cancelled by District Revenue Officer, Theni, and the revenue records were ordered to be registered in the name of fourth respondentMunicipality.

4. In such circumstances, without challenging the order passed by District Revenue Officer, the petitioner is not entitled to maintain mandamus. Therefore, the Writ Petition stands dismissed, with liberty to challenge the order passed by District Revenue Officer, in the manner known to law. No costs.

18.07.2025 NCC :

Yes / No Index :

Yes / No Internet :

Yes / No dixit

To:

1 The Tamil Nadu Waqf Board, Rep. by its Chief Executive Officer, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600 001.

2 The District Collector, District Collector Office, Theni District 625 531.

3 The Revenue Divisional Officer, Periyakulam, Theni District.

4 The Commissioner, Periyakulam Municipality, Periyakulam, Theni District.

5 The Special Tahsildar, Periyakulam, Theni District.

S.SOUNTHAR, J.

dixit 18.07.2025