Madras High Court
Varusai Rowther Chatram And vs / on 5 March, 2024
Author: Sathi Kumar Sukumara Kurup
Bench: Sathi Kumar Sukumara Kurup
WP(MD) No.2366 of 2024
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED: 05.03.2024
CORAM:
THE HONOURABLE MR.JUSTICE SATHI KUMAR SUKUMARA KURUP
W.P.(MD) No.2366 of 2024
Varusai Rowther Chatram and
Thaneer Pandal Waqf,
Represented by its Muthawalli,
Mohamed Rafeek ... Petitioner
/vs./
1.The Tamil Nadu Waqf Board,
Represented by its Chief Executive Officer,
No.1, Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai – 600 001.
2.The District Revenue Officer and
Additional District Magistrate,
Tiruchirappalli.
3.The Superintendent of Police,
Office of the Superintendent of Police,
Trichy District – 620 020.
4.The Revenue Divisional Officer,
Tiruchirappalli District.
5.The Tahsildar,
Thiruvembur Taluk,
Tiruchirappalli District.
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https://www.mhc.tn.gov.in/judis
WP(MD) No.2366 of 2024
6.The Inspector of Police,
Thriuvembur Police Station,
Trichy District.
7.The Superintendent of Waqf,
Trichy Zone,
Trichy District.
8.P.Kalimuthu ... Respondents
PRAYER: Writ Petition filed under Article 226 of the Constitution of India for
issuance of Writ of Mandamus, directing the Respondents 3 and 6 to provide
adequate police protection for putting up fencing in the waqf property bearing
S.F.No. 198, New S.No. 198/1 situated at Papakurichi Village, Trichy District,
measuring an extent of 31.35 acres belongs to Varusai Rowther Chatram and
Thaneer Pandal Waqf by considering the petitioner's representation dated
07.11.2023.
For Petitioner : Ms.A.Ajimath Begum
For R-2 to R-6 : Mr.T.Senthil Kumar
Additional Public Prosecutor
For R-1 and R-7 : Mr.D.S.Haroon Rasheed
Standing Counsel
For R-8 : Mr.S.Muthukrishnan
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https://www.mhc.tn.gov.in/judis
WP(MD) No.2366 of 2024
ORDER
When the matter came up for hearing on 06.02.2024, the learned Counsel
for the Petitioner put forth her submissions and this Court passed the following
order:
“The learned Counsel for the Petitioner submits that
the Petitioner is Varusai Rowther Chatram and Thaneer
Pandal Waqf. The Petitioner had filed this Writ Petition
seeking direction against the Respondents 3 and 6 to give
protection for putting up fence in the Waqf property. The
property of the Waqf had been encroached by third parties,
for which there was civil dispute between them before the
Sub Court. The Sub Court had passed a decree against the
Petitioner herein. Subsequently, an appeal was filed before
this Court, wherein the appeal was decreed in favour of the
Waqf, the Petitioner herein, setting aside the judgment of
the learned Sub Judge. Also, the parties did not obey the
judgment and decree. Therefore, the Petitioner herein was
forced to move the Revenue Authorities seeking patta. As
per the enquiry conducted by the Authorities under the
Tamil Nadu Patta Passbook Act, after holding enquiry,
patta was granted in favour of the Petitioner. The copy of
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the same had been enclosed in the typed set of papers.
Subsequently, the Respondents herein moved W.P.(MD) No.
24922 of 2023 challenging the proceedings in granting
patta in favour of the Petitioner. The Writ Petition was
dismissed by order dated 06.11.2023, against which the
Writ Petitioner had not filed any appeal till date.
Therefore, the Petitioner Wakf seeks police protection for
securing the land belonging to Wakf by fencing the
properties. She would further submit that the Respondents,
who are the encroachers, are aware of the earlier
proceedings. Still they are creating trouble by not
permitting the Petitioner to fence the property and secure
the property. Therefore, the Petitioner was forced to file
this Writ Petition.
2.Issue notice to the 8th Respondent returnable by
16.02.2024. Private notice is also permitted. Registry is
directed to list this case on 16.02.2024 at top of the list
under the caption 'part heard'.”
2. The learned Counsel for the eighth Respondent / private Respondent is
also present before this Court. He seeks time to respond to the submission of
the learned Counsel for the Petitioner.
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3. Earlier the eighth Respondent had filed Writ Petition in W.P.(MD).No.
24922 of 2023 and the learned Single Judge of this Court vide order dated
06.11.2023 had dismissed the Writ Petition with an observation “The Petitioner
lacks the locus standi to even challenge the same. If the Petitioner has any
claim against the seventh Respondent, it is for him to work out his rights before
the jurisdictional civil court. The writ court cannot grant any relief. In any
event, the impugned order cannot be challenged by the Petitioner”.
4. The earlier Writ Petition filed by the eighth Respondent challenging
the proceedings in granting of patta in favour of the seventh Respondent/
Petitioner herein, was already dismissed. Hence, the patta which was granted
by the revenue officials in favour of the Petitioner herein /Varusai Rowther
Chatram and Thaneer Pandal Waqf, after conducting survey and measuring the
properties, cannot be objected by the eighth Respondent.
5. The learned Counsel for the Respondents 1 and 7 adopt the version of
the Petitioner in this Writ Petition.
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6. In the light of the above, the Respondent Police is directed to extend
Police protection for the Wakf authority to fence their property.
7. With the above direction, this Writ Petition is disposed of. No costs.
05.03.2024
NCC : Yes / No
Index : Yes / No
Internet : Yes / No
Nsr
TO:
1.The Chief Executive Officer,
The Tamil Nadu Waqf Board,
No.1, Jaffer Syrang Street,
Vallal Seethakathi Nagar,
Chennai – 600 001.
2.The District Revenue Officer and
Additional District Magistrate,
Tiruchirappalli.
3.The Superintendent of Police,
Office of the Superintendent of Police,
Trichy District – 620 020.
https://www.mhc.tn.gov.in/judis
4.The Revenue Divisional Officer,
Tiruchirappalli District.
5.The Tahsildar,
Thiruvembur Taluk,
Tiruchirappalli District.
6.The Inspector of Police,
Thriuvembur Police Station,
Trichy District.
7.The Superintendent of Waqf,
Trichy Zone,
Trichy District.
https://www.mhc.tn.gov.in/judis
SATHI KUMAR SUKUMARA KURUP, J.
Nsr
Order made in
Dated:
05.03.2024
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