Shahin Vs the Chief Executive Officer — Writ and Judicial Review | Madras HC (2025)

Shahin Vs the Chief Executive Officer — Writ and Judicial Review | Madras HC (2025)

What the court decided

AI extract

Outcome

Recording of the first respondent's undertaking to conduct an enquiry and communicate its conclusion (NOC and communication to the Sub Registar if the land is private; written intimation if it is waqf property), with a direction to complete the exercise within eight weeks from receipt of the web copy of the order; writ petition disposed of with no costs.

Issue for consideration

Whether a writ of mandamus should be issued directing respondent No.1 to issue an NOC (No Objection Certificate) for the schedule property in Kallakuruchi District, Kallakuruchi Taluk, Old Survey No.93/11, New Survey Nos.93/11A1C and 93/11A2B. +1 more

Ratio / Principle

The court recorded the commitment made on behalf of the first respondent (through its learned counsel at admission) that it would hear the petitioner, conduct an enquiry and arrive at a conclusion - issuing an NOC with communication to the Sub Registar if the land is found to be the petitioner's private land, or intimating the waqf finding in writing with the petitioner free to pursue available remedies if it is found to be waqf property.

Key takeaways

The said exercise (hearing and enquiry by the first respondent culminating in the recorded outcome) is directed to be completed within a period of eight weeks from the date of receipt of the web copy of the order.ratio¶26

Detailed headnote1 paragraphs

Writ Petition under Article 226 of the Constitution of India seeking a writ of mandamus directing the Chief Executive Officer, Tamil Nadu Waqf Board (respondent 1) to issue an NOC for schedule property at Kallakuruchi (Old S.No.93/11; New S.Nos.93/11A1C and 93/11A2B). The petitioner, Shahin, asserted the land was her personal property wrongfully classified as waqf, and that no such waqf existed as claimed by respondent 1 despite a communication sent to the Sub Registar. At admission, counsel for respondent 1 undertook that the Board would hear the petitioner, conduct an enquiry, and, if the land were found private, communicate to the Sub Registar and issue the NOC; otherwise intimate the waqf finding in writing, leaving the petitioner free to pursue remedies. Recording this undertaking and directing completion within eight weeks of receipt of the web copy, the court disposed of the writ petition with no costs. Bench: D. Bharatha Chakravarthy, J. Order dated 13.03.2025.

W.P.No.8569 of 2025

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated:13.03.2025

Coram:

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY

W.P.No.8569 of 2025

Shahin, W/o Sheik Nazeer, No.1A, Kachirpaayam Road, Kallakuruchi, Tamil Nadu 606 202. .. Petitioner

/versus/

1.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Sarang Street, Vallal Seethakathi Nagar, George Town, Chennai 600 001. 2.Tahsildar, Kallakuruchi, Tamil Nadu 606 202.

3.Village Administrative Officer, Kallakuruchi, Tamil Nadu 606 202. .. Respondents

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W.P.No.8569 of 2025

Writ Petition has been filed under Article 226 of the Constitution of India praying to issue a Writ of Mandamus to direct the respondent No.1 to issue NOC (No objection Certificate) to the said schedule property located in Kallakuruchi District, Kallakuruchi Taluk, Old Survey No.93/11 New Survey No.93/11A1C and 92/11A2B, immediately.

For Petitioner :Mr.A.Rajamohamed For Respondents :Mr.Mohamed Fayaz Ali for R1 Mr.S.Senthil Murugan, Spl.GP for R2 and R3

ORDER

The Writ Petition has been filed for Mandamus to direct the

respondents 1 and 2 to issue NOC to the schedule property located in Kalakuruchi District, Kallakuruchi Taluk Old S.No.93/11 New Survey No.93/11A1C and 93/11A2B and to pass such other orders.

2.Upon hearing the learned counsels on either side and perusing the

affidavit and other material records, the grievance of the petitioner is that the said piece of land belongs to the petitioner and it is her personal

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W.P.No.8569 of 2025

property. It has been wrongfully classified as if it is a waqf property. A communication is sent to the Sub Registar in that regard, but there is no such waqf existing, as claimed by the first respondent.

When the matter came up for admission, Mr.Mohamed Fayaz Ali, learned counsel taking notice on behalf of the first responden would submit that the first respondent would hear the petitioner; conduct an enquiry and come to a conclusion. If the conclusion is reached that the land is the petitioner's private land, appropriate communication will be issued to the Sub Registar and an NOC will be issued. On the other hand, if the conclusion is arrived at that it is a waqf property, the same will be intimated to the petitioner in writing and the petitioner will be entitled to such remedy, as available under law.

In view thereof, the same is recorded and the said exercise is directed to be completed within a period of eight weeks from the date of receipt of the web copy of the order without waiting for the certified copy of

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the order.

Accordingly, this Writ Petition is disposed of. No costs.

13.03.2025

ari

Neutral citation:no

To 1.The Chief Executive Officer, Tamil Nadu Waqf Board, No.1, Jaffar Sarang Street, Vallal Seethakathi Nagar, George Town, Chennai 600 001.

2.Tahsildar, Kallakuruchi, Tamil Nadu 606 202.

3.Village Administrative Officer, Kallakuruchi, Tamil Nadu 606 202.

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D.BHARATHA CHAKRAVARTHY,J.

ari

W.P.No.8569 of 2025

13.03.2025

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