Pentitioner challenged impugned orders under Section 6 of Tamil Nadu Land Encroachment Act. Court dismissed petition but directed District Collector to dispose of pending appeal by Wakf Board on merits within six weeks.
Directed District Collector to dispose of pending appeal filed by Wakf Board on merits within six weeks.
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W.P. No.34029 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 20.12.2022
CORAM
THE HON'BLE MR.T.RAJA, ACTING CHIEF JUSTICE
AND
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
W.P. No.34029 of 2022
S.Saliya Hussain
... Petitioner
Vs
3.The Tahsildhar Tiruvallur Taluk Office Tiruvallur District.
... Respondents
Prayer: Writ Petition under Article 226 of the Constitution of India praying for a Writ of Certiorarified Mandamus calling for the records pertaining to the 6 impugned orders passed by 3rd Respondent vide same Ref.Nos.Na.Ka.502/2022/Aa3 dated 23.05.2022 and quash the same and pass further orders as this Court may deem fit.
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W.P. No.34029 of 2022
For the Petitioner :: Mr.A.Raja Mohamed For the Respondents :: Mr.Haja Mohamed Gisthi, for the first respondent, Mr.P.Muthukumar, State Government Pleader, for respondents 2 and 3
ORDER
(Made by the Hon'ble Acting Chief Justice)
The petitioner is challenging the impugned order passed by the third respondent under Section 6 of the Tamil Nadu Land Encroachment Act.
Wakf Board submitted that Muthavalli is appointed by the Wakf Board, and such authority and the Wakf Board would be the custodians of the land belonging to the Wakf Board. Therefore, if any action has to be taken, it could be taken only by Muthavalli and the Wakf Board.
filed an appeal against the proceeding of the third respondent before the District Collector and the same is pending. Learned counsel further submitted
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W.P. No.34029 of 2022
that a direction could be given to the District Collector, Tiruvallur, to dispose
of the pending appeal filed by the first respondent, on merits and as per law.
(T.R., ACJ.) (D.B.C., J.) 20.12.2022
Index: Yes/No tar
To
1.The Chief Executive Officer Tamil Nadu Wakf Board No.1, Jaffer Syrang Street, Vallal Seethakathi Nagar Chennai- 600 001.
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W.P. No.34029 of 2022
T.RAJA, ACJ, and D.BHARATHA CHAKRAVARTHY, J.
(tar)
W.P. No.34029 of 2022
20.12.2022
Page 4 of 4
1 issue framed by the court
Whether the impugned orders under Section 6 of Tamil Nadu Land Encroachment Act should be quashed in the writ petition.
S. Saliya Hussain
The Tamil Nadu Wakf Board
The District Collector, Tiruvallur District
The Tahsildhar Tiruvallur Taluk Office
Mr. T. Raja
Mr. Justice D. Bharatha Chakravarthy
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
