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Madras High CourtWP(MD)/23130/2023allowed

Mohamed Iqbal.M v. The Chief Executive Officer

2023-09-22Honourable Mrs Justice S.Srimathy5 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :22.09.2023

CORAM

THE HONOURABLE MRS.JUSTICE S.SRIMATHY W.P.(MD)No.23130 of 2023 M.Mohaned Iqbal ... Petitioner Vs.

1. The Chief Executive Officer, Tamil Nadu Wakq Board, No.1 Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600001.

2. The Superintendent of Waqf , O/o.The Superintendent of Waqf, Neethi Nagar, Court Road, Thanjavur.

3. The Inspector of Waqf, O/o.The Inspector of Waqf, Neethi Nagar, Court Road, Thanjavur.

4. The Mohaideen Andavar Periya Pallivasal, Represented through its Authorized Person.

... Respondents 1/5

Prayer : Writ Petition filed under Article 226 of the Constitution of India, praying this Court to issue a Writ of Mandamus, directing the respondents to receive the village tax (Oor Opparai Vari) from the petitioner and issue the receipt by considering his representation, dated 12.09.2023 within a time period stipulated by this Court.

For Petitioner : M.Mohaned Iqbal (Party in person) For Respondents : Mr.D.S.Haroon Rasheed Standing Counsel

ORDER

This writ petition is filed for Writ of Mandamus seeking direction to the respondents to receive the Village tax (Oor Opparai Vari) from the petitioner and issue the receipt, by considering his representation, dated 12.09.2023.

2. Heard the Petitioner who appeared Party-in-person and Mr. Mr.D.S.Haroon Rasheed, the Learned Standing Counsel, appearing for the respondents and perused the material documents available on record. With their consent, the writ petition is taken up for final disposal at the admission stage itself.

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3. The petitioner is alleging that the respondents have denied to collect Village tax (Oor Opparai Vari) from the petitioner. But, the Learned Standing Counsel appearing for the respondents submitted that the issue raised by the petitioner is pre-mature and the decision was taken by the Ad-hoc Committee in the meeting held on 11.09.2023 to collect tax.

4. By taking all these facts into consideration, the respondents 2 & 3 are directed to consider the petitioner's representation, dated 12.09.2023 and pass appropriate orders, within a period of Six weeks from the date of receipt of a copy of the order.

5. With these observations and directions, this Writ Petition is allowed. There shall be no order as to costs. 22.09.2023 Index : Yes / No Internet : Yes/ No ksa Note to Office : Issue a copy of Order on 22.09.2023 3/5

To

1. The Chief Executive Officer, Tamil Nadu Wakq Board, No.1 Jaffar Syrang Street, Vallal Seethakathi Nagar, Chennai - 600001.

2. The Superintendent of Waqf , O/o.The Superintendent of Waqf, Neethi Nagar, Court Road, Thanjavur.

3. The Inspector of Waqf, O/o.The Inspector of Waqf, Neethi Nagar, Court Road, Thanjavur.

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S.SRIMATHY, J.

ksa W.P.(MD)No. 23130 of 2023 22.09.2023 5/5