Madras High Court
M.Dhandapani vs Unknown
Author: M.Dhandapani
Bench: M.Dhandapani
W.P.No.34962 of 2019
W.P.No.34962 of 2019
M.DHANDAPANI,J.
''On 21.09.2021, this Court passed the following order:
This writ petition has been filed for a mandamus to direct the respondents to complete enquiry based on representations dated 05.07.2017 and 04.01.2018 which has been forwarded by the first respondent vide their office letter's dated 10.10.2017 and 10.01.2018 to the second respondent office with a direction to conduct enquiry and file a report.
2.The case of the petitioner is that the land comprised in Survey No.902, 903, 101, 102, 103, 104, 94, 621 situated in Punjai Makathu Vazhkai village and S.No.621, 617, Killai Village and R.S.No.74/2B T.S.No.1158, R.S.No.74/1, 74/2A, Thiruvakakulam Village in total around 57 acres are belongs to the above mentioned Dharga.
3.According to the petitioner Dharga, the said Dharga Hazrath Syed Edullaha Sha Shattari Darga Waqf is gazetted as Waqf at Serial No.28 and 60 and the Waqf is under the superintendence of Tamil Nadu Wakf Board, the entire lands gifted to Dharga during the fasili year 1/8 https://www.mhc.tn.gov.in/judis W.P.No.34962 of 2019 1158 corresponding to 1733 AD by Queen Meenakshi Amman.
4.The petitioner Darga submits that after Mugal Empire, the said entire area fell within the domain of Navab Arcot who also confronted the gift, in the Hejri year 1752 corresponding to 1741 AD and thereafter during the British rule, all the said properties was included in Inam Register of the year 1865 and entire such properties of the Dharga also entered in the Waqf register.
5.The petitioner Darga further submits that as per Section 51 (1A) of the Waqf Act, Sale/transfer of any Wakf property is void and ab-initio and the Section-52 A of the Wakf Act stipulates that whoever purchases or takes possession of Wakf Board lands in any manner whatsoever either permanently or temporarily without prior sanction of the Wakf Board shall be punishable with rigorous imprisonment and the section also stipulates that the Waqf property so alienated shall without prejudice to provisions of any law for time being in force, be vested without any compensation thereafter.
6.The petitioner Darga submits that its properties were wrongly dealt with by the first respondent's office 2/8 https://www.mhc.tn.gov.in/judis W.P.No.34962 of 2019 and pattas were issued into third parties names, the petitioner Darga had submitted the representations to the respondents 1 and 2 dated 05.07.2017, the Revenue Divisional Officer has forward the same to the second respondent vide his letter dated 10.10.2017 with a direction to conduct an enquiry and to send a report to the first respondent's office and also to intimate to the complainant.
7.According to the petitioner Darga, its representation dated 04.01.2018, the District Revenue Officer has forwraded the same to the to the second respondent vide his letter dated 10.01.2018 with a direction to take necessary action and to conduct enquiry and issue patta if the petitioner Darga is eligible and to inform the decision taken on this to the party.
8.The petitioner Darga submits that its representation dated 05.03.2018 sent to the fourth respondent was considered and the fourth respondent vide his letter Ref No:Na.Ka.Aa1/138/2018 dated 26.03.2018, directed the second respondent to conduct detailed enquiry on the representation and submit a report to their office at the earliest and marked a copy to the petitioner Darga intimating the above reference, but 3/8 https://www.mhc.tn.gov.in/judis W.P.No.34962 of 2019 there was no detailed enquiry conducted by the second respondent in this issue despite above directions and the matter left unsolved.
9.The petitioner Darga have no other alternative remedy except to approach this Court under Article 226 of the Constitution of the India. Hence, the writ petition filed.
10.Heard the learned counsel for the petitioner, learned Government Advocate for the respondents 1, 2, and 4 and the learned counsel for the third respondent and perused the materials available on record.
11.On going through the typed set of papers, it is seen that the petitioner Darga have filed various documents to show that all the aforesaid Survey numbers are belonged to Darga. The petitioner Darga submits that the Revenue Divisional Officer has forwarded the same to the Tahsildar, Chidambaram to conduct an enquiry. But no action has been taken by the second respondent Tahsildar till date. On 18.12.2019, the learned Government Advocate appearing for the respondents 1, 2 and 4 informed the Court that the enquiry has been fixed at 3.00 p.m. on 07.01.2020 before the fourth respondent on the representations dated 4/8 https://www.mhc.tn.gov.in/judis W.P.No.34962 of 2019 05.07.2017 and 04.01.2018. After issuing notice, no action has been taken by the Authorities. On 03.02.2020, learned Government Advocate appearing for the respondents 1, 2 and 4 submits that the enquiry could not be completed on 07.01.2020 and the matter has been adjourned to 13.02.2020 before the fourth respondent and notice will be issued to all the parties concerned including the petitioner for the said enquiry and this Court directed the fourth respondent to file report of the outcome of the action taken in this regard on the next hearing and the matter has been adjourned to 20.03.2020. In spite of an order being passed by this Court, the Authorities have not held any enquiry and no orders have been passed and no report has been filed before this Court regarding the said action taken.
12.In view of the above and the submission made by the petitioner, this Court is of the serious view on the said second respondent viz., the Tahsildar, Chidambaram, who duty bound to conduct an enquiry and pass appropriate orders and he has failed to do so. This Court directs the Tahsildar, Chidambaram to conduct an enquiry and pass appropriate orders on or before 20.11.2021. No costs.
5/8https://www.mhc.tn.gov.in/judis W.P.No.34962 of 2019
13.Post the matter “for compliance” on 26.11.2021.''
2. Today, the matter is listed under the caption ''for reporting compliance''.
When the matter is came up for hearing, the learned Government Advocate submitted that the second respondent has been completed enquiry, but, he is not a competent authority to cancel the patta with regard to the disputed subject property. The 4th respondent is the competent authority to decide the issue arises in the writ petition.
Therefore, the second respondent conducted enquiry and forwarded a report to the 4th respondent viz., District Revenue Officer. Hence, the learned counsel seeks further time to decide the issue within the stipulated time as fixed by this Court.
3. In view of the above submission made by the learned Government Advocate, this Court directs the 4th respondent/DRO, 6/8 https://www.mhc.tn.gov.in/judis W.P.No.34962 of 2019 Chidambaram, Cuddalore District, to conclude the enquiry and pass appropriate orders on merits and in accordance with law within a period of twelve weeks from the date of receipt of a copy of this order.
4. With the above directions, the writ petition is closed. No costs.
28.04.2022 rli 7/8 https://www.mhc.tn.gov.in/judis W.P.No.34962 of 2019 M.DHANDAPANI,J.
Rli W.P.No.34962 of 2019 28.04.2022 8/8 https://www.mhc.tn.gov.in/judis