Madras High Court
K.Ibrahim vs The District Collector on 17 March, 2023
Author: D.Bharatha Chakravarthy
Bench: T.Raja, D.Bharatha Chakravarthy
W.P.No.8477 of 2023
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 17.03.2023
CORAM :
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P.No.8477 of 2023
K.Ibrahim .. Petitioner
Vs
1.The District Collector,
O/o. District Collector,
Thiruvannamalai District.
2.The Revenue Divisional Officer,
O/o. Revenue Divisional Office,
Thiruvannamalai,
Thiruvannamalai District.
3.The Thasildhar,
O/o. Chetupatu Thasildhar Office,
Thiruvarur District.
4.Wakf Superintendent,
O/o. Wakf Superintendent, Wakf Board,
Vellore Range, Bagathursha Masjith Campus,
8th Arani Road, Sainathapuram,
Vellore – 632 001.
__________
Page 1 of 5
https://www.mhc.tn.gov.in/judis
W.P.No.8477 of 2023
5.Divya Groups of Education and Charitable Trust,
No.76, Darga Chenji Road,
Chetupatu Taluk,
Thiruvannamalai District. .. Respondents
Prayer: Petition filed under Article 226 of the Constitution of India
seeking issuance of a writ of mandamus directing the fourth
respondent to take action with regard to the encroachment in S.No.13
and sub division 1 to 15, 6A, 6B, 6C situated at Patha Mathani
Pallivasal, Chenji Road, Chetpat Taluk, Thiruvannamalai District by
the fifth respondent based on the Circular R.C.No.4168/C1/2020-2,
dated 10.03.2022 issued by the Tamil Nadu Waqf Board.
For the Petitioner : Mr.P.Muthamizh Selvakumar
For the Respondents : Mr.P.Muthukumar
State Government Pleader
for respondents 1 to 3
: Mr.Haja Mohideen Gisti
for respondent No.4
ORDER
(Order of the court was made by the Hon'ble Acting Chief Justice) K.Ibrahim, son of Syed Kathar, a resident of Kunnathur Village, Thiruvannamalai District, has filed this writ petition seeking issuance of a writ of mandamus directing the fourth respondent to take action with regard to the encroachment in S.No.13 and Sub division 1 to 15, 6A, 6B, 6C, situate at Patha Mathani Pallivasal, __________ Page 2 of 5 https://www.mhc.tn.gov.in/judis W.P.No.8477 of 2023 Chenji Road, Chetpat Taluk, Thiruvannamalai District, put up by the fifth respondent, based on the Circular R.C.No.4168/C1/2020-2, dated 10.03.2022 issued by the Tamil Nadu Waqf Board.
2. Mr.P.Muthamizh Selvakumar, learned counsel appearing on behalf of the petitioner, would submit that the fifth respondent had started construction in the place belonging to the fourth respondent/Wakf Board. In this regard, the petitioner sent representation to the respondent authorities on 19.9.2022. As the said representation did not evoke any response, the petitioner has been advised to file this writ petition.
3. Mr.P.Muthukumar, learned State Government Pleader, accepted notice on behalf of respondents 1 to 3. Mr.Haja Mohindeen Gisti, learned counsel, accepted notice on behalf of the fourth respondent and submitted that, if four weeks' time is granted, the fourth respondent will consider the representation of the petitioner and take appropriate action in accordance with law.
4. Recording the aforesaid submission made by learned counsel __________ Page 3 of 5 https://www.mhc.tn.gov.in/judis W.P.No.8477 of 2023 for the fourth respondent, the writ petition is disposed of with a direction to the fourth respondent to consider the representation of the petitioner and take appropriate action in accordance with law within a period of four weeks from the date of receipt of a copy of this order. There will be no order as to costs.
(T.R., ACJ.) (D.B.C., J.)
17.03.2023
Index : No
Neutral Citation : No
sasi
To:
1.The District Collector,
O/o. District Collector,
Thiruvannamalai District.
2.The Revenue Divisional Officer, O/o. Revenue Divisional Office, Thiruvannamalai, Thiruvannamalai District.
3.The Thasildhar, O/o. Chetupatu Thasildhar Office, Thiruvarur District.
4.The Superintendent, O/o. Wakf Superintendent, Wakf Board, Vellore Range, Bagathursha Masjith Campus, 8th Arani Road, Sainathapuram, Vellore – 632 001.
__________ Page 4 of 5 https://www.mhc.tn.gov.in/judis W.P.No.8477 of 2023 THE HON'BLE ACTING CHIEF JUSTICE AND D.BHARATHA CHAKRAVARTHY, J.
(sasi) W.P.No.8477 of 2023 17.03.2023 __________ Page 5 of 5 https://www.mhc.tn.gov.in/judis