Writ petitions filed to restrain respondents from interfering with petitioners' peaceful possession of properties. Court dismissed petitions directing petitioners to seek remedy under the Wakf Act, 1995.
Writ petitions dismissed directing petitioners to work out remedy under the Wakf Act, 1995.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.09.2019
CORAM
THE HONOURABLE Mr.JUSTICE V.BHARATHIDASAN
W.P.Nos.25335 to 25342 of 2004
W.P.Nos.25335 of 2004
Joseph ... Petitioner in WP.25335/04
L.Gopalakrishnan ... Petitioner in WP.25336/04
Hiruthayasamy ... Petitioner in WP.25337/04
Arokiamary ... Petitioner in WP.25338/04
K.Marimuthu ... Petitioner in WP.25339/04
R.Sahayanathan ... Petitioner in WP.25340/04
A.Alexander ... Petitioner in WP.25341/04
N.Krishnamurthy ... Petitioner in WP.25342/04
/vs/
... Respondents in all Wps.
COMMON PRAYER in 25335 to 25342 of 2004 : Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Mandamus forbearing the respondents from interfering into the peaceful possession and enjoyment of the petitioner 1) in Door No.4 B , Vinayagar Koil Street, Wannarapettai, Coonoor, Nilgiris District. 2) Land and Building found survey No.767, Coonor Village, Nilgiris District. 3)in Door No.5, 5A and 5B Vinayagar Koil Street, Wannarapetti, Coonoor, Nilgiris District. 4) Land and Buildings found in Survey No.768, Coonoor Village and found in Door No.37, vinayagar Koil Street, Wannarapettai, Coonoor, Nilgiris District. 5) Land and building found in Survey Nos.767 part, connoor village and found on Dorr No.1/4, Vinayagar Koil Street, Wannarapettai,
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Coonoor, Nilgiris District. 6) Door No.3A, Vinayagar Koil Street Wannarapettai, Coonoor, Nilgiris District. 7) Door No.6, Vinayagar Koil Street, Wannarapettai, Coonoor, Nilgiris District. 8) Land and Building found in survey Nos.657,767 and 768, Coonoor Village and found in Door no.11, Vinayagar Koild Street, Wannarapettai, Coonoor, Nilgiris District(in WP 25335 to 25342/04 respectively) except without following the due process of law.
For Petitioners :Mrs. S.T.P.Kuilmozhi in all W.Ps.
For Respondents :Mr. R.Govindasamy, in all W.Ps. Spl. G.P., for R1
These writ petitions have been filed to issue a Writ of Mandamus forbearing the respondents from interfering with the peaceful possession of the petitioners' property.
Following the said order of the Division Bench of this Court, all the writ petitions are disposed of in the same terms. No costs.
Sd/-
Assistant Registrar(CS-VI)
//True Copy//
Sub Assistant Registrar
mrp
To
2
W.P.No.25335 to 25342 of 2004
BP(CO) CB(28/11/2019)
3
2 issues framed by the court
Whether the respondents could be restrained from interfering with the petitioners' peaceful possession and enjoyment of the specified properties.
Whether the petitioners should be directed to work out their remedy under the provisions of the Wakf Act, 1995.
Colour shows how this judgement treated each authority
W.P.Nos.24705, 24706, 24712 & 24713 of 2004Referred¶19
2 provisions across 2 enactments
Joseph
L. Gopalakrishnan
The Sub Divisional Magistrate cum Revenue Divisional Officer, Coonoor
The Chief Executive Officer, Tamil Nadu Wakf Board, Chennai
The Secretary and the Executive Officer, S.M. Zackaria Sait Maternit Hospital Charity and safurbai Charity
V. Bharathidasan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
