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Madras High CourtWP(MD)/20210/2024disposed of

Kattu Bava Sahib Pallivasal @ Peer Mohammed Sahib Pallivasal v. The Chief Executive Officer

2024-10-17Honourable Mr Justice Mohammed Shaffiq5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 17.10.2024

CORAM:

THE HONOURABLE MR.JUSTICE MOHAMMED SHAFFIQ Kattu Bava Sahib Pallivasal @ Peer Mohammed Sahib Pallivasal, Rep. by its President, N.Majeeth.

...

Petitioner -vs1.The Chief Executive Officer, The Tamilnadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600001.

2.Laksmanan 3.Bathur Nisa 4.Mohamed Saliha 5.Syeed Ali Fathima 6.Mohideen Fathima ...

Respondents

PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, praying for issuance of a writ of mandamus, directing the 1st respondent to dispose the petition filed by the petitioner under Section 54 of the Waqf Act 1995, dated 03.06.2024, and take necessary action to recover the Kattu Vava Sahib Pallivasal @ Peer Mohammed Sahib Pallivasal Waqf property in T.S.No. 1472/1A, 1472/ 1B1B encroached by the respondents 2 to 6 situated at Gangaikondan village-2 Tirunelveli Taluk, Tirunelveli District. For Petitioner :

Ms.A.Ajimath Begum For Respondent 1 : Mr.S.A.Ajmal Khan, Standing Counsel.

For Respondents 2 to 6 : Mr.R.M.Suresh

ORDER

This Writ Petition has been filed for issuance of a writ of mandamus, directing the first respondent to dispose of the petition filed by the petitioner under Section 54 of the Waqf Act 1995, dated 03.06.2024, and take necessary action to recover the Kattu Vava Sahib Pallivasal @ Peer Mohammed Sahib Pallivasal Waqf property in T.S.No. 1472/1A, 1472/ 1B1B,

encroached by the respondents 2 to 6, situated at Gangaikondan village-2 Tirunelveli Taluk, Tirunelveli District.

2. At the outset, it is submitted by the learned counsel for the respondent Board that the representation of the petitioner would be considered and orders would be passed thereon in accordance with law. The same is acceded to by the learned counsel for the petitioner.

3. In view thereof, taking into consideration the facts and circumstances of the case and the limited relief sought for in this Writ Petition, there shall be a direction to the respondent Board to consider the representation of the petitioner dated 03.06.2024, on its own merits and pass appropriate orders in accordance with law, after issuing notice to the petitioner, respondents 2 to 6, and any other interested parties / stake holders, within a period of eight weeks from the date of receipt of a copy of this order. It is made clear that this Court has not expressed any views with regard to the merits of the representation and it is open to the respondent concerned to consider the representation on its own merits and in accordance with law.

4. Accordingly, this Writ Petition is disposed of. No costs. 17.10.2024 NCC :

Yes / No (1/3) Index :

Yes / No Internet :

Yes / No dixit To:

The Chief Executive Officer, The Tamilnadu Waqf Board, No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar, Chennai - 600001.

MOHAMMED SHAFFIQ, J.

dixit (1/3) 17.10.2024