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Madras High CourtWP(MD)/36242/2025disposed of

Sheik Ismail v. The Chief Executive Officer

2025-12-18Honourable Mr Justice Krishnan Ramasamy4 pages

BEFORE THE MADURAI BENGH OF MADRAS HIGH COURT DATED: 18.12.2025

CORAM

THE HONOURABLE MR. JUSTICE KRISHNAN RAMASAMY W.P.(MD)No.36242 of 2025 Sheik Ismail ... Petitioner Vs

1. The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai-600 001.

2. M/s. Atlas Textiles Export Private Limited, Represented by its Managing Director M.Nachimuthu, Having Office At Atlas Chamber, 29j, Pugalur Road, Karur-639 001.

3. Senthil Prasath ... Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus directing the 1st respondent to initiate steps for the removal of the encroachment in S. Nos. 155A, 155B, 157, 156 and 158, Thirumanilayur Village, Karur Taluk, Karur District under Sec. 54 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 and consequently make an application to the Waqf Tribunal under Section 54(3) of the said Act by considering the petitioner's representation dated 15.09.2025 within the time that maybe stipulated by this Court.

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For Petitioner : Mr.M.Mahaboob Athiff For Respondents : Mr.K.K.Senthil (R1)

ORDER

This Writ Petition is filed seeking a direction to the 1st respondent to initiate steps for the removal of the encroachment in S.Nos. 155A, 155B, 157, 156 and 158, Thirumanilayur Village, Karur Taluk, Karur District under Sec. 54 of the Unified Waqf Management, Empowerment, Efficiency and Development Act, 1995 and also to make an application to the Waqf Tribunal under Section 54(3) of the said Act by considering the petitioner's representation dated 15.09.2025.

2. By consent of both parties, this writ petition is disposed at the stage of admission itself. Since no adverse order is proposed to be passed against the respondents 2 and 3, notice to them is dispensed with.

3. The petitioner has made a representation dated 15.09.2025 seeking to initiate steps for the removal of the encroachment in the subject land and to recover the same.

4. The learned counsel appearing for the petitioner submits that though the aforesaid relief has been sought for by the petitioner, now, he 2/4

confines the prayer that it would suffice if the representation submitted by the petitioner dated 15.09.2025 is disposed of in accordance with law.

5. The learned counsel appearing for the first respondent would submit that the representation of the petitioner dated 15.09.2025 would be considered in accordance with law.

6. In view of the same, without expressing any opinion on the merits of the matter, this Court directs the first respondent to consider and pass appropriate orders on the representation of the petitioner dated 15.09.2025, on merits and in accordance with law, and after issuing notice to the parties concerned and affording them an opportunity of hearing, within a period of eight weeks from the date of receipt of a copy of this order.

7. With the above direction, this Writ Petition is disposed of. There shall be no order as to costs.

18.12.2025 Index : Yes/No sm 3/4

KRISHNAN RAMASAMY, J.

sm To

1. The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffer Syrang Street, Vallalseethakathi Nagar, Chennai-600 001.

W.P.(MD)No.36242 of 2025 18.12.2025 4/4