Petitioner filed a writ petition to quash proceedings by the Sub-Collector and direct protection of her land possession. The Court observed that pending suits before the Waqf Tribunal precluded finding any illegality in the respondent's proceedings.
Writ petition disposed of; consequential connected miscellaneous petitions closed; no order as to costs.
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.
W.P.No.6175 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 16.10.2023
CORAM:
THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN
W.P.No.6175 of 2021 and
W.M.P.Nos.6796 and 6798 of 2021
B.K.Indra
...Petitioner
-Vs-
Page 1 of 4
W.P.No.6175 of 2021
Prayer: Writ Petition filed under Article 226 of Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the first respondent's proceedings dated 21.10.2020 in Na.Ka.No.A5/445/2020 and quash the same in so far as it relates to the petitioner, as illegal and direct the first respondent to protect the possession of the petitioner in respect of her properties being about 13.33 acres of land in T.S.No.1/2A (4.98 acres), T.S.No.2/2 (4.80 acres) and T.S.No.6/2 (3.55 acres) in Block No.3 Ward - A, Arcot Town, Ranipet District.
For Petitioner : Mr.Ashok Menon
For R1 and R2 : Mr.A.Gopinath Government Advocate (Crl.Side)
For R3 : Mr.M.M.I.Khaleel for M/s. A.Ajimath Begam
ORDER
This Writ Petition has been filed for the issuance of Writ of Certiorarified Mandamus, calling for the records relating to the first respondent's proceedings dated 21.10.2020 in Na.Ka.No.A5/445/2020 and quash the same in so far as it relates to the petitioner, as illegal and direct the first respondent to protect the possession of the petitioner in respect of her properties being about 13.33 acres of land in T.S.No.1/2A (4.98 acres), T.S.No.2/2 (4.80 acres) and T.S.No.6/2 (3.55 acres) in Block No.3 Ward - A,
Page 2 of 4
W.P.No.6175 of 2021
Arcot Town, Ranipet District.
by the first respondent, since as directed by the first respondent, the petitioner had initiated suits and it is pending. If the petitioner succeeds in the suits before the Tamil Nadu Waqf Tribunal, the revenue officials are directed to act accordingly.
Consequently, connected Miscellaneous petitions are closed. There shall be no
order as to costs.
16.10.2023
Internet: Yes Index : Yes/No
Page 3 of 4
W.P.No.6175 of 2021
Speaking/Non Speaking order mn
G.K.ILANTHIRAIYAN. J,
mn
To
W.P.No.6175 of 2021
and W.M.P.Nos.6796 and 6798 of 2021
16.10.2023
Page 4 of 4
2 issues framed by the court
Whether the impugned proceedings of the Sub-Collector should be quashed and the petitioner's possession of the land protected.
Whether the existence of pending suits against the Wakf Board prevents the revenue officials from taking coercive action.
1 provisions across 1 enactments
B.K.Indra
The Sub-Collector, Ranipet
The Inspector of Police, Arcot Town
S.P.Shah
The TamilNadu Wakf Board
G.K.ILANTHIRAIYAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
