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Sowcar vs K.V.Munvar Basha
2025 Latest Caselaw 4911 Mad

Citation : 2025 Latest Caselaw 4911 Mad
Judgement Date : 16 June, 2025

Madras High Court

Sowcar vs K.V.Munvar Basha on 16 June, 2025

Author: J.Nisha Banu
Bench: J.Nisha Banu
                                                                                            WA.No.1732 of 2025

                                   IN THE HIGH COURT OF JUDICATURE AT MADRAS

                                                DATED : 16.06.2025

                                                  CORAM
                                  THE HONOURABLE MRS. JUSTICE J.NISHA BANU
                                                   AND
                                  THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN

                                               W.A.No.1732 of 2025
                                                       and
                                              C.M.P.Nos.13142 of 2025

                     Sowcar,
                     Son of Shakur                                                     ...Appellant

                                                                Vs.

                     1. K.V.Munvar Basha,
                        Son of Basu Sahib

                     2. B.N.Kaisar
                        S/o K.B.Nawab Jan

                     3. B.N.Nasar,
                        Son of K.B.Nawab Jan

                     4. The District Collector,
                        O/o District Collector,
                        Thiruvannamalai District,
                        Thiruvannamalai.

                     5. The Revenue Divisional Officer,
                        O/o The Revenue Divisional Officer,
                        Thiruvannamalai District,
                        Thiruvannamalai.

                     6. The Tahsildar,
                        O/o Chettupatu Tahsildar Office,
                        Thiruvannamalai District.


                     Page 1 of 4

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                                                                                               WA.No.1732 of 2025

                     7. The Taluk Head Surveyor,
                        Office of Tahsildar of Chetpet,
                        Chepet, Thiruvannamalai District.

                     8. The Inspector of Police,
                        Chetpet Police Station,
                        Chetpet Town, Thiruvannamalai District.

                     9. Wakf Superintendent,
                        O/o Wakf Superintendent,
                        Wakf Board, Vellore Range,
                        Bagathursha Masjith Campus,
                        8th Arani Road, Sainathapuram,
                        Vellore - 632 001.                                                ... Respondents

                     Prayer: Writ Appeal filed under Clause 15 of the Letters Patent as against
                     the to set aside the order dated 23.05.2025 passed by this Court in
                     W.P.No.19032 of 2025.
                                      For Appellant                  : Mr.L.Gavaskar

                                      For Respondents                : Mr.Vadivel deenadayalan,
                                                                       Addl.Govt.Pleader for R4 to R8
                                                                       Mr.Abdul Mubeen for R9

                                             JUDGMENT

(The Judgment of the Court was delivered by J.Nisha Banu,J.)

This Writ Appeal has been filed as against the order dated

23.05.2025 passed in W.P.No.19032 of 2025.

2. The appellant is the 7th respondent in the writ petition.

According to the appellant, the Tamil Nadu Wakf Board has appointed

him as Muthavalli by order dated 12.06.2024 to manage the referred Wakf

and its properties. The respondents 1 to 3/writ petitioners have

https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/06/2025 06:00:44 pm )

fraudulently created documents in respect of the referred Wakf property

and falsely claiming that they are the owners of the Wakf property. They

have filed W.P.No.19032 of 2025 against the respondents seeking for a

direction to survey the land in question and to fix the boundary. This

Court, vide order dated 23.05.2025 disposed of the said writ petition

directing the respondents to survey the land after serving notice to all

persons interested in the land.

3. On perusal of the order passed by the writ Court, it is seen that

the said order has been passed directing the respondents 1 to 4 to serve

notice to all the persons concerned and thereafter, survey the land and fix

the boundary. The present writ appeal has been filed to set aside the said

order. We are not inclined to interfere with the said order dated

23.05.2025 passed by this Court. However, the respondents 1 to 4 are

directed to serve notice to all the persons interested in the subject land and

to consider the objections, if any, and to survey the same and fix the

boundary.

4. With the above observation, the Writ Appeal stands dismissed.

No costs. Conseqently, connected miscellaneous petition is closed.

[J.N.B.,J.] [M.J.R.,J.] 16.06.2025 vsi

https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/06/2025 06:00:44 pm )

J.NISHA BANU,J.

AND M.JOTHIRAMAN,J.

vsi To

1. The District Collector, O/o District Collector, Thiruvannamalai District, Thiruvannamalai.

2. The Revenue Divisional Officer, O/o The Revenue Divisional Officer, Thiruvannamalai District, Thiruvannamalai.

3. The Tahsildar, O/o Chettupatu Tahsildar Office, Thiruvannamalai District.

4. The Taluk Head Surveyor, Office of Tahsildar of Chetpet, Chepet, Thiruvannamalai District.

5. The Inspector of Police, Chetpet Police Station, Chetpet Town, Thiruvannamalai District.

6. Wakf Superintendent, O/o Wakf Superintendent, Wakf Board, Vellore Range, Bagathursha Masjith Campus, 8th Arani Road, Sainathapuram, Vellore - 632 001.

16.06.2025

https://www.mhc.tn.gov.in/judis ( Uploaded on: 19/06/2025 06:00:44 pm )

 
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