Writ petition filed to quash Wakf Board proceedings and restrain revenue officers from granting patta to the Wakf Board regarding disputed property where eviction proceedings are currently pending.
Petition disposed of with liberty to the petitioner to argue before the pending proceedings; connected petition closed.
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W.P.No.10674 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 20.12.2023
Coram:
THE HONOURABLE MR. JUSTICE P.VELMURUGAN
W.P.No.10674 of 2022 and W.M.P. Nos.10309 of 2022
... Petitioners
Vs.
Chennai - 600 001
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Prayer : Writ Petition is filed under Article 226 of the Constitution of India, to issue a writ of Certiorarified Mandamus to call for the records in the impugned proceedings of the 3rd respondent in Na.Ka.No.2729/12/M2/jg[hp dated 10.03.2022 and quash the same and consequently, forbearing the 1st and 2nd respondents from granting the patta in favor of the 4th respondent.
For Petitioner : Mr.S.A.Ragul Adhithya
For Respondents : Mr.V.Veluchamy Additional Government Pleader for R1, R2 and R5 Mr.R.Abdul Mubeen for R3 Mr.N.A.Nissar Ahmed for R4
ORDER
This Writ Petition is filed seeking to issue a writ of Certiorarified Mandamus to call for the records in the impugned proceedings of the 3rd
respondent in Na.Ka.No.2729/12/M2/jg[hp dated 10.03.2022 and quash the same and consequently, forbearing the 1st and 2nd respondents from granting the patta in favor of the 4th respondent.
prior to purchase of the said properties, the Settlement Officer had initiated proceedings and conducted enquiry with the revenue officials. Upon the satisfaction of the fulfilment of the conditions stated in the Act, 1963, the
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Settlement Officer was pleased to grant Ryotwari Patta in the year 1967 in favour of the petitioner's Vendor's ancestors confirming their title over the said properties. That being the case, the 3rd respondent/Wakf Board initiated proceedings and issued notice on 13.08.2021 under the Tamil Nadu Public Premises (Eviction of Unauthorized Occupants), Act 1975. Pursuant to which, the 3rd respondent/Wakf Board has sent a communication to the 1st and 2nd respondents to consider the case of granting patta in favour of the 4th respondent. Challenging the said communication, the present petition is filed.
the recommendation, the 3rd respondent/Wakf Board had not issued notice to the petitioner and the petitioner was not heard and without giving opportunity to the petitioner, the recommendation has been made arbitrarily. Therefore, the impugned proceedings of the 3rd respondent has to be quashed.
W.P.No.10674 of 2022
recommendation which is nothing to do with the pending proceedings.
Walf property or a private property. Further, the eviction proceedings have already been initiated and the same is pending. Therefore, the petitioner is not entitled to the relief sought for in this petition. The petitioner is at liberty to appear and make all his submissions before the pending proceedings.
Consequently, connected Miscellaneous Petition is closed. No costs.
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ksa-2 Index : Yes / No Speaking Order : Yes / No Neutral Citation Case : Yes/No
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To
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P.VELMURUGAN. J.
Ksa-2
W.P.No.10674 of 2022
20.12.2023 (1/2)
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1 issue framed by the court
Whether the High Court has discretion to entertain a writ petition challenging a recommendation while eviction proceedings are pending between the Wakf Board and the petitioner.
1 provisions across 1 enactments
K.K.Cauvery (Died) LRs
District Collector Dharmapuri
Estate Officer Wakf House
Muthawali Khairathi Personal Inam Waqf
Tahsildar Dharmapuri
Revenue Divisional Officer Dharmapuri
P.Velmurugan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
