Disposed

Habeebunnissa Begum v. The Honourable Chief Executive Officer

Madras HC10 Dec 2020WP/17554/2020

Case brief

AI extract

What is this about?

Pertaining to alleged encroachment on Wakf property, the Court directed the Chief Executive Officer to put the petitioner and private respondents on notice without adjudicating the merits at this stage. The respondent authority was directed to dispose of the matter on merits within ten weeks.

What did the court decide?

Directed the 1st respondent to put petitioner and respondents 3 and 4 on notice and dispose of representation dated 17.10.2020 on merits within ten weeks.

Habeebunnissa Begum Vs The Honourable Chief… — Pension and Retirement Benefits | Madras HC (2020)

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED 10.12.2020

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CORAM THE HONOURABLE MR. JUSTICE M.SATHYANARAYANAN AND THE HONOURABLE MRS. JUSTICE R.HEMALATHA

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WP.No.17554/2020

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Miss.Habeebunnissa Begum ...Petitioner
Versus
1.The Honourable Chief Executive Officer
The Tamil Nadu Wakf Board,
No.1, Jaffer Syrang Street
Chennai 600 001.
2.The Superintendent of Wakf
Tamil Nadu Wakf Board,
Ice House,
Chennai 600 005.
3.Syed Kasim Sakaaf
4.Syed Akbar Sakaaf ...Respondents
Prayer:- Writ petition filed under Article 226 of the
Constitution of India praying for issuance of a writ of
mandamus directing the 1 st and 2 nd respondents to take necessary
action on the petitioner's complaint dated 17.10.2020 against
the encroachers within the time frame as directed by this Court.

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For Petitioner : Mr.Y.Kaja Nivas

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https://hcservices.ecourts.gov.in/hcservices/

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ORDER

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[Order of the Court was made by M.SATHYANARAYANAN, J.]

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(1)The matter in issue pertains to alleged encroachment caused by respondents 3 and 4 and according to the learned counsel for the petitioner, though the said fact has been brought to the knowledge of the 1^st respondent vide representation dated 17.10.2020, so far no action has been taken and therefore, he is constrained to approach this Court, by filing this writ petition.

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(2)The learned counsel for the petitioner would submit that the petitioner is the President of Dadasha Makkan Wakf and the private respondents are residing at Door No.50, 5^th Lane, Dadasha Makkan, Strahans Road, Chennai-12 and they illegally encroached upon the Wakf property in S.No.2811/19 without getting any permission from the Wakf and the representation dated 17.10.2020 submitted in this regard, did not invoke any kind of response and therefore, in order to protect the Wakf property, the petitioner, in the capacity as President of the Wakf, came forward to file this writ petition.

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(3)This Court has considered the arguments advanced by the learned counsel for the petitioner and also perused the materials placed before it.

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(4)Though the petitioner has prayed for a larger relief, this Court, taking into consideration, the above facts and circumstances and without going into the merits of the claim projected by the petitioner made in his representation dated 17.10.2020 or in this writ petition, directs the 1st respondent to put the petitioner as well as respondents 3 and 4 on notice and thereafter, consider and dispose of the petitioner's representation dated 17.10.2020 on merits and in accordance with law and pass appropriate orders within a period of ten weeks from the date of receipt of a copy of this order / uploading of the order in the website and communicate the decision taken, to the petitioner as well as to respondents 3 and 4.

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(5)The writ petition stands disposed of accordingly. No costs.

Sd/-

Assistant Registrar

//True Copy//

Sub Assistant Registrar

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https://hcservices.ecourts.gov.in/hcservices/

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1.The Chief Executive Officer
The Tamil Nadu Wakf Board,
No.1, Jaffer Syrang Street
Chennai 600 001.
2.The Superintendent of Wakf
Tamil Nadu Wakf Board,
Ice House,
Chennai 600 005.
+2 cc to Mr.Y.Kaja Navas, Advocate Sr.No.39961
+1 cc to Mr.Mohammed Rafi, Advocate Sr.No.40365
WP.No.17554/2020
BR(CO)
RN(22/12/2020)

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https://hcservices.ecourts.gov.in/hcservices/

Habeebunnissa Begum v. The Honourable Chief Executive Officer

Case brief

What is this about?

What did the court decide?

Habeebunnissa Begum v. The Honourable Chief Executive Officer

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

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